Alabama Burglary by Breaking and Entering
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How to fill out Burglary By Breaking And Entering?
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FAQ
The defendant is charged with burglary in the third degree. A person commits the crime of burglary in the third degree if he/she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein.
Section 13A-7-7 - Burglary in the third degree (a) A person commits the crime of burglary in the third degree if any of the following occur: (1) He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein; (2) He or she knowingly enters or remains unlawfully in an occupied ...
Section 13A-8-41 - Robbery in the first degree (a) A person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he: (1) Is armed with a deadly weapon or dangerous instrument; or (2) Causes serious physical injury to another.
If a person allegedly breaks into and enters a vehicle or any part of a vehicle without the consent of the owner but with the intent to commit any felony or theft, then he or she can be charged with unlawful breaking and entering a vehicle under Code of Alabama § 13A-8-11(b).
In Alabama, a home invasion can be charged as criminal trespass or burglary. Criminal trespass occurs when someone unlawfully enters, or remains in, a building or other premises without permission. Burglary takes it one step further. Basically, burglary is criminal trespass plus intent to commit a crime.
Section 13A-7-5 - Burglary in the first degree (a) A person commits the crime of burglary in the first degree if he or she knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, the ...
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.
A person commits the crime of burglary third-degree and Alabama when they knowingly enter or remain unlawfully in a building with the intent to commit any crime while they are in the building. Burglary third-degree in Alabama is a Class C felony, which is punishable by prison term from one year and one day to 10 years.
