Breaking and entering, generally defined as unlawfully entering a building or structure, carries serious legal consequences. But is breaking and entering a felony? The answer depends on the specific circumstances and, crucially, the laws of the state where the crime occurred. Depending on these factors, it can be classified as either a misdemeanor or a felony.
Because state laws vary significantly, it’s critical to understand the specific penalties associated with breaking and entering in your jurisdiction. This article will cover the legal definition of breaking and entering, potential penalties, possible defenses, and the importance of seeking legal representation if you’re facing charges.
Defining breaking and entering: What does the law say?
The terms “breaking and entering” and “burglary” are often used interchangeably, but there are some key differences in how the law defines them.
Core elements of breaking and entering
Breaking and entering generally involves two things:
- Unauthorized entry. A person must enter a structure without permission. This can include buildings, vehicles, or other types of enclosed spaces.
- Intent. The act of entering the structure must be accompanied by the intent to commit a crime inside. Depending on the circumstances, the intent to commit a crime can elevate the charge to burglary.
Means of entry
Entry can be achieved in different ways:
- Force, stealth, or deception. A person can gain entry by using physical force, sneaking in unnoticed, or using deceptive tactics. Even pushing open an unlocked door can be considered “force” in some jurisdictions.
Breaking and Entering vs. Burglary: What’s the Difference?
People often confuse the terms “breaking and entering” and “burglary.” Here’s a quick breakdown:
- Breaking and entering usually means entering a property without permission.
- Burglary typically involves entering a property with the intent to commit another crime inside.
Because of that intent, burglary is often considered a more serious charge.
Breaking and entering can become burglary if you intended to commit a felony when you entered the property, you damaged property, you harmed someone, or you used a weapon.
Keep in mind that the specific definitions vary by state. For example, Ohio law categorizes breaking and entering as a fifth-degree felony.
Penalties and charges: Misdemeanor vs. felony
Whether breaking and entering is charged as a misdemeanor or a felony depends on a few things:
- What you intended to do once you were inside. If you planned to commit a more serious crime, that will increase the severity of the charge.
- Aggravating factors. If you damaged property, stole something valuable, or hurt someone, that could also increase the severity.
- State laws. Penalties for breaking and entering are determined by the state where the crime occurred.
Misdemeanor penalties
- You could spend up to a year in jail.
- You could be fined (generally less than $1,000).
- You could be sentenced to community service, restitution, and/or probation.
Felony penalties in Ohio
In the state of Ohio, breaking and entering is typically a fifth-degree felony, which means you could face:
- Six months to one year in prison.
- A fine of up to $2,500.
- Restitution to the victim during probation.
Defenses to breaking and entering charges
Even if you’ve been charged with breaking and entering, you may have some legal defenses available to you. Here are a few of the most common defenses.
Common defenses
- Mistake. Maybe you entered the wrong property by mistake. For instance, you might have mistakenly entered a property that looked almost exactly like your own.
- Consent. You might have entered the property with the owner’s permission.
- Lack of intent. You might argue that you did not intend to commit a crime once you were inside the property.
More complex defenses
- Necessity defense. It’s possible that entering the property was necessary to prevent something even worse from happening.
- Challenging evidence. You might challenge the reliability of eyewitness testimony or discredit the forensic evidence presented by the prosecution.
The importance of evidence
To prove that breaking and entering occurred, the prosecution has to present strong evidence, such as reliable eyewitness testimony or solid forensic evidence.
Why you need a lawyer
Breaking and entering laws are complicated and vary from state to state. If you’re facing charges, a lawyer can help you in several ways:
- They can explain the law and how it applies to your situation.
- They can build the strongest possible defense based on the details of your case.
- They can make sure your rights are protected throughout the legal process.
- They can negotiate with the prosecutor for a reduced charge or a lighter sentence.
Final Thoughts
To recap, breaking and entering occurs when someone enters a building or other structure without permission, and the seriousness of the crime depends on what they intended to do once inside, any aggravating circumstances, and the specific laws of the state where it happened. Defenses like mistaken belief or consent might apply.
If you’re facing breaking and entering charges, speaking with a qualified criminal defense attorney is essential. They can help you understand the charges against you and build the strongest possible defense.
Whether you’re facing charges or just want to understand more about the legal system, it’s important to know the ins and outs of breaking and entering laws.