What are the elements of burglary?

On Behalf of | Mar 16, 2022 | Criminal Defense

Are you currently involved in a criminal case in Connecticut that includes burglary? If you are being charged with this crime, you need to take action. The first thing you will need to do is understand exactly what this term means. The more you know about it, the more you can prepare to defend yourself against it.

How is burglary defined by law?

The first step in a criminal defense case that involves burglary will be to define precisely what is meant by the term. This is an unlawful entry into nearly any kind of structure. Keep in mind that a “structure” can be meant a home, business, garage, or another kind of dwelling that is occupied by people.

Burglary is more than just unlawful entry into a structure. It also consists of the attempt to commit a crime. In most cases, this will be theft. However, this does not mean that if you fail to commit theft, you are innocent of this charge. Whatever type of crime you may commit will be considered as part of it.

You don’t have to physically break into the structure to be guilty of burglary. You may be able to simply walk through an open door or climb in through an open window. Burglary is unlike robbery in that no victim is usually present during the time that the crime is being committed.

What has to be proven in a burglary?

There are a number of elements that need to be present in order for you to be charged with burglary. It needs to be proven that you entered a structure without permission. It also needs to be proven that your intention for doing so was to commit a crime as soon as you got inside.

The crime that you commit does not necessarily have to involve theft. If you entered a garage with the intention to steal a car and found none, you have still committed burglary. This means that you are still being charged with a crime for which you will need to prepare your defense.

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