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What are the elements of burglary?

On Behalf of | Feb 25, 2022 | Uncategorized |

Burglary and other theft crimes are taken seriously in New York. Facing such charges is scary. It’s important to understand the elements of burglary.

There’s no victim

Burglary is a type of theft crime that involves no victim being present on the property. When someone commits burglary, they typically make sure no one is there on the premises whether the property is a home, business or other type of structure.

There’s a building or structure

In order for a burglary crime to be committed, there must be a building or structure. In addition to a house, apartment building or office building, a structure could be a garage, shed or a vehicle. A person cannot commit burglary without going into a structure.

Entering the building or structure without permission

There is no permission for a person to enter the building or structure in a burglary. The person is considered as trespassing and has no legal business being on the property.

Breaking in

Burglary involves breaking into a building or structure. It could mean breaking a window, picking a lock or cutting a hole in the side of the building to crawl inside. The means of breaking in don’t involve force or a threat.

The intention of another crime

The final element of burglary is that the person has the intention of committing another crime while in the building or structure. For example, they might decide to steal money or jewelry from a homeowner’s bedroom. Or they might use spray paint to vandalize the place with graffiti.

However, it’s possible for someone to be arrested on burglary charges even if they never actually carry out the intended crime once inside the building.