Breaking and entering generally means entering a building or property without permission. The specific laws and the penalties for breaking and entering vary significantly depending on where you are. It can range from a minor trespassing infraction to a serious felony like burglary.
It’s critical to understand the specific laws in your state. What you intended to do when you entered the property significantly impacts the severity of the breaking and entering charges.
This article provides a comprehensive overview of breaking and entering charges, potential penalties, and possible defenses across different states, including Arizona, Ohio, and Texas.
Breaking and entering and burglary in Arizona
In Arizona, “breaking and entering” isn’t a crime in itself, but it’s a key component of the crime of burglary. Burglary in Arizona comes in three degrees, depending on the type of structure involved and whether a weapon was involved.
Degrees of burglary
- First-degree burglary. This is the most serious form of burglary, and it involves using a weapon during the crime, or committing second- or third-degree burglary.
- Second-degree burglary. This involves illegally entering a residential building to commit a crime.
- Third-degree burglary. This involves illegally entering a non-residential structure, a yard, or a vehicle.
Penalties for burglary in Arizona
The penalties for burglary in Arizona vary, depending on the degree of the crime and whether the defendant has a prior criminal record.
- Class 4 felony: A minimum of one year to a maximum of almost four years in prison, along with a fine of up to $100,000.
- Class 3 felony: A minimum of two years to a maximum of almost nine years in prison, along with a fine of up to $100,000.
- Class 2 felony: A minimum of seven years to a maximum of 21 years in prison, along with a fine of up to $100,000.
Breaking and entering in Ohio
In Ohio, breaking and entering is considered a fifth-degree felony. What that means is that you’ve entered a structure without permission, and you’ve done so with force, stealth, or deception, with the intention of committing theft or another felony.
Penalties and differences from burglary
If you’re convicted of breaking and entering, you could spend up to a year in prison and be fined as much as $2,500.
Burglary is a more serious charge than breaking and entering. Burglary involves entering a dwelling (like a house or apartment) with the intent to commit a crime. Burglary convictions carry stiffer penalties, particularly if the person was armed.
Burglary and criminal trespass in Texas
In Texas, “breaking and entering” could mean you’re charged with either burglary or criminal trespass.
Burglary in Texas
A charge of burglary means that you unlawfully entered a building with the intent to commit theft, assault, or another felony. Penalties depend on the building you entered and the crime you intended to commit. Depending on the circumstances, burglary can be a state jail felony or a first-degree felony.
Criminal trespass in Texas
Criminal trespass is a lesser offense that means you went onto private property without authorization, whether or not you intended to commit a crime. Criminal trespass is usually charged as a misdemeanor.
Key difference: Intent
To be charged with burglary, you had to have the intent to commit a crime. With criminal trespass, intent doesn’t matter.
How to defend against breaking and entering charges
If you’ve been charged with breaking and entering, you may have several options for your defense:
- Lack of intent. You can argue that you didn’t intend to commit a crime. This is especially relevant in burglary cases.
- Mistaken identity. If you weren’t the person who entered the property, you can use that as a defense.
- Lack of evidence. The prosecution has to prove you committed the crime, which can be hard to do without solid evidence.
- Consent. You can argue that you had permission to enter the property, even if that permission was later revoked.
Frequently Asked Questions
Is breaking and entering a felony in the US?
It really depends on the circumstances and, most importantly, the state you’re in. Generally speaking, if the breaking and entering involves a dwelling (like a house) and there’s intent to commit a crime inside, it’s more likely to be charged as a felony. However, if it’s a commercial building or there’s no clear intent to commit a crime, it might be a misdemeanor. Keep in mind that the specific laws vary considerably from state to state.
What is the penalty for unlawful entry in Michigan?
In Michigan, unlawful entry, often referred to as trespassing, is generally a misdemeanor. The penalties can include fines, jail time (typically up to 90 days), and a criminal record. However, if the unlawful entry is combined with other crimes, like theft or assault, the charges and penalties can be significantly harsher. Also, if you unlawfully enter a home, you could be charged with home invasion, which is a felony punishable by imprisonment.
Key Takeaways
If you’re facing breaking and entering charges in any state, it’s essential to seek legal counsel as soon as possible. A skilled criminal defense attorney can guide you through the legal process and develop the strongest possible defense on your behalf.
Remember that the specific laws and penalties for breaking and entering vary depending on where you are. It’s important to understand the charges against you and the potential consequences you could face.