Alaska Burglary by Breaking and Entering

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US-00877
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Sample Jury Instruction - This sample jury instruction pertains to a Defendant's indictment for the crime of burglary (including all elements of the crime).

Alaska Burglary by Breaking and Entering: Explained Burglary by breaking and entering is a serious criminal offense in the state of Alaska. This crime entails unlawfully entering a building or property with the intention to commit theft, assault, or any other felony. In this comprehensive description, we will delve into the essence of Alaska burglary by breaking and entering, its legal consequences, and the different types of burglary offenses recognized under Alaska law. Alaska Burglary by Breaking and Entering: Legal Definitions Under Alaska statute AS 11.46.300, a person is guilty of burglary in the first degree if they unlawfully enter or remain in a building with the intent to commit a felony therein, and in the course of the offense, either: 1. Possess explosives or a dangerous weapon, or 2. Cause physical injury to a person who is not a participant in the offense. Burglary in the first degree is considered a class B felony, carrying severe penalties including imprisonment and hefty fines. Burglary in the second degree, as defined under AS 11.46.310, involves entering or remaining unlawfully in a building with the intent to commit a felony. However, it lacks the additional aggravating factors present in first-degree burglary. The Different Types of Alaska Burglary by Breaking and Entering In addition to distinguishing between first and second-degree burglary, Alaska law recognizes certain unique circumstances that classify specific forms of burglary offenses. These include: 1. Armed Burglary: When the burglar enters a building or property while in possession of a dangerous weapon or an explosive, the offense escalates to armed burglary. This aggravating factor can result in additional penalties upon conviction. 2. Residential Burglary: If the burglary occurs in a residential dwelling, such as a house or apartment, it is classified as residential burglary. This type of burglary is particularly severe due to the invasion of personal space and increased potential for harm to occupants. 3. Commercial Burglary: When the burglary involves unlawfully entering non-residential properties, such as offices, stores, or warehouses, it is categorized as commercial burglary. The intent is usually to steal valuable goods, money, or confidential information, presenting substantial economic or business-related consequences. 4. Vehicle Burglary: Burglary involving the unlawful entry into any type of motor vehicle, including cars, trucks, RVs, or motorcycles, falls under vehicle burglary. Although distinct from building burglary, it carries similar legal consequences and is dealt with as a separate offense. Alaska's enforcement agencies and legal system consider burglary by breaking and entering as a grave offense against the property rights, safety, and privacy of individuals and businesses. Law enforcement authorities invest significant efforts and resources in preventing, investigating, and prosecuting these crimes to maintain public safety and protect victims. Thus, understanding the nature and different forms of Alaska burglary by breaking and entering is crucial for everyone to promote awareness, ensure personal security, and support the overall well-being of the community.

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FAQ

Burglary, also called breaking and entering (B&E) and sometimes housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a criminal offence.

As long as there is the intent to commit a crime, it can constitute burglary. There is no breaking and entering requirement. The offender may trespass through an open door. This is different from robbery, which involves the use of force or fear to obtain another person's property.

In common law, burglary is defined as the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony. If there is no such intent to commit a felony, the breaking and entering may constitute illegal trespass.

First-degree burglary is an aggravated burglary and occurs when (1) the defendant was armed with a weapon, (2) the structure burglarized was a dwelling, or (3) the defendant injured an occupant while inside. AS 11.46. 300.

(a) A person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime in the building. (b) Burglary in the second degree is a class C felony.

On this page you'll find 30 synonyms, antonyms, and words related to housebreaking, such as: burglary, robbery, breaking and entering, and forced entry.

On this page you'll find 7 synonyms, antonyms, and words related to break and entry, such as: break in, null, burglary, housebreaking, robbery, and second-story work.

While both involve illegal entry to a property, burglary requires a criminal intent beyond the unlawful entry, whereas breaking and entering does not. Burglary and breaking and entering are both serious offenses characterized by unauthorized access to private property.

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Unauthorized Entry. The actus reus of burglary is satisfied upon a “breaking and entering.” The crime is complete upon the entry. An entry does not necessarily ... For both levels of burglary, Alaska requires that the intent to commit the further crime exist at the time that the unlawful entry or remaining occurred; it.Sep 19, 2017 — The answer is no. There ... The judge finds the defendant guilty and enters a conviction in the court record. ... The prosecutor can file a new charge of violating the conditions of release ... If, upon returning from your trip, you spot evidence of a break-in, do not enter the house. Call the police at once! The burglar may still be inside. Make a ... Sec. 11.46.350. Definition; privilege to enter or remain on unimproved land. Disclaimer: These codes may not be the most ... Section 11.46.300 - Burglary in the first degree (a) A person commits the crime of burglary in the first degree if the person violates AS 11.46.310 and (1) ... (a) A person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime in ... The Guide contains the complete Alaska Criminal Statutes including supplements and will be updated periodically. ... broken down into the following categories ... Sep 25, 2020 — Breaking and entering is a property crime that may result in penalties such as a jail sentence, criminal fines, and criminal restitution.

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Alaska Burglary by Breaking and Entering