PC §108(E) - BURGLARY
CLASS D MISDEMEANOR
(a) Definition
Burglary is defined as entering a building, structure, or vehicle with the intent to commit theft, felony, or any other criminal act therein, without the consent of the owner or lawful occupant.
(b) Elements of the Offense
To prove burglary, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant entered a building, structure, or vehicle.
The entry was unauthorized and without the consent of the owner or lawful occupant.
At the time of entry, the defendant had the intent to commit theft, felony, or any other criminal act therein.
(c) Defenses
Defenses to a charge of burglary may include, but are not limited to:
Lack of intent: The defendant did not have the intent to commit theft, felony, or any other criminal act at the time of entry.
Lawful authority: The defendant had a legitimate reason or lawful authority to enter the building, structure, or vehicle.
Mistaken identity: The defendant was not the person who entered the building, structure, or vehicle
with the intent to commit a crime.
(d) Penalties
Violation of this section shall be punishable by:
Restitution to the victim for any damages or losses incurred.
(e) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Prior convictions for burglary or other related offenses.
Use of force, weapons, or violence during the commission of the burglary.
Burglary of a dwelling, occupied structure, or place of business.
Burglary committed with the intent to commit a serious felony or inflict bodily harm.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
40 SECONDS OF JAIL TIME.
BOND SET
$4,000.00
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