Note: Most jurisdictions divide burglaries into categories or classes based on the seriousness of the crime. Various aggravating factors (such as the fact that the structure is a dwelling, the presence of people and the fact that the person entering is armed with a deadly weapon or explosive) contribute to the seriousness of the crime. He was released from prison three months ago – serving a 20-year sentence for armed burglary – and later met Winestock. Under New York criminal law, burglary is still a felony, even in the third degree. [49] It is more serious if the perpetrator uses a seemingly dangerous weapon or enters an apartment. [50] [51] Under Scots law, there is no criminal offence of burglary. Instead, burglary robbery covers theft that overcomes the security of the building. [27] It contains no other aspects of burglaries found in England and Wales. It is a crime that is usually prosecuted after a solemn trial before a higher court. Another common law crime still used is Hamesuken, which involves forcibly entering a building where a serious assault on the resident is taking place.
Common crimes in Scotland are gradually being replaced by laws. Note: The crime of burglary was originally defined at common law to protect individuals, as there were other statutes (such as those defining theft and trespassing) that protected property. State laws have expanded common crime. Entering at night is often no longer necessary and can be considered an aggravating factor. The building can be something other than an apartment, such as a shop or pharmacy. Some states (such as Louisiana) have included vehicles in their burglary laws. There are degrees of burglary, and some of the usual aggravating factors are the presence of people and the use of a deadly weapon. In addition, if a person commits any of the acts mentioned in Section 18.2-90 of the VA State Code with intent to commit theft, or a crime other than murder, rape, robbery, or arson in violation of Virginia State Code Sections 18.2-77, 18.2-79, or 18.2-80, or if a person commits acts referred to in articles 18.2-89 or 18.2-90 with intent to: assault, guilty of criminal burglary, punishable by imprisonment for a term of not less than one year or more than twenty years in a State penal institution or, at the discretion of the jury or court hearing the case without a jury, be sentenced to imprisonment for up to twelve months or a fine of up to $2,500; one or the other or both. However, if people were armed with a lethal weapon at the time of entry, they are guilty of a Class 2 crime. According to one textbook, the etymology comes from Anglo-Saxon or Old English, one of the Germanic languages. (Perhaps in reference to Sir Edward Coke.) The word burglar comes from the two German words burg, meaning “house,” and laron, meaning “thief.” [5] Sir Edward Coke (1552-1634) explains at the beginning of chapter 14 of Part III of the Institutes of the Lawes of England (pub.
1644) that the word burglar (“or the person who commits a burglary”) is derived from the words burgh and laron, which mean house thieves. A note indicates that he relies on Brooke`s case for this definition. Burglary and intentional offences, when committed, are treated as separate offences. Burglary is a crime, even if the crime is a misdemeanor, and intent to commit the crime can occur when the building is “unlawfully entered or guarded,” broadening the common law definition. It has three degrees. Third degree burglary is the broadest and applies to any building or other premises. Second-degree burglary retains the common law element of a dwelling, and first-degree burglary requires the defendant to be in an apartment armed with a weapon or intent to cause injury. [39] A related offence, criminal trespassing, includes unlawful entry into buildings or premises without intent to commit a criminal offence and is an offence or, in the third degree, an offence. [40] Possession of burglary tools with intent to commit burglary or theft is an administrative offence. [41] Britannica.com: Encyclopedia article on burglary What is the difference between burglary and robbery? In a burglary, the criminal must illegally enter the building or building (burglary and enter), and the victim of the robbery is unlikely to have contact with the burglar – or even learn about the robbery until the burglar is gone.