District of Columbia Burglary by Breaking and Entering

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Multi-State
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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).

District of Columbia Burglary by Breaking and Entering refers to the criminal act of unlawfully entering a property with the intention of committing a theft or felony inside. In the District of Columbia, this offense is treated as a serious crime and is punishable under the law. Burglary by breaking and entering involves forcefully accessing a structure, such as a residence, business, or vehicle, by breaking locks, windows, doors, or any other obstacle that restricts entry. This offense is committed with the intent to carry out theft, assault, vandalism, or other felonies inside the premises. The unlawfully gained access differentiates burglary from trespassing, as it involves unauthorized entry into a private property with criminal intent. District of Columbia recognizes multiple types of burglary by breaking and entering, including: 1. Residential Burglary: This occurs when an individual unlawfully enters and remains in a dwelling or inhabited property without the owner's permission, with the intention of committing a crime. 2. Commercial Burglary: It refers to the act of unlawfully entering and remaining in a business establishment or commercial property with the intention of theft or committing a felony. 3. Vehicle Burglary: Also known as "car hopping," vehicle burglary involves unlawfully entering a motor vehicle, including cars, trucks, or motorcycles, to commit theft or other offenses. 4. Daytime and Nighttime Burglaries: Depending on the timing of the offense, burglaries are further classified into daytime and nighttime burglaries. Daytime burglary occurs when the offense takes place between sunrise and sunset, while nighttime burglary occurs during the hours of darkness, from sunset to sunrise. 5. Armed Burglary: This refers to the act of breaking and entering a property while being armed with a weapon, such as a firearm, knife, or any other deadly weapon. Armed burglaries are considered more severe as they pose a greater threat to the occupants of the property. It is important to note that each type of burglary by breaking and entering carries varying degrees of penalties in accordance with District of Columbia's legal system. The severity of punishment depends on factors such as criminal history, the value of stolen property, presence of weapons, and any harm caused to individuals during the commission of the offense. Therefore, it is essential to discourage and report such criminal activities to maintain the safety and security of the community in the District of Columbia.

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FAQ

Burglary in the first degree shall be punished by imprisonment for not less than 5 years nor more than 30 years.

Although all of the following apply to burglary, the most essential element is: intent at time of entry.

(a) For the purpose of this section, the term ?wrongfully obtains or uses? means: (1) taking or exercising control over property; (2) making an unauthorized use, disposition, or transfer of an interest in or possession of property; or (3) obtaining property by trick, false pretense, false , tampering, or deception ...

The perpetrator must have entered with the intent to break and carry away any part, fixture, or other thing attached to the dwelling or with the intent to commit any criminal offense, and; An individual is present in the dwelling at the time when the perpetrator enters.

Washington, DC Burglary Laws Burglary in the first degree is defined in Code Section 22-801(a). The government must prove the following to convict you: You entered a dwelling, either through force or without the permission of the person who occupies the dwelling.

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.

For burglary charges to remain valid, the person must first break into the property and then enter inside without the consent of the owner or resident. He or she must have every intention of committing a crime of some sort. The person could commit a crime unrelated to theft or even entering the building.

Washington, DC Burglary Laws Burglary in the first degree is defined in Code Section 22-801(a). The government must prove the following to convict you: You entered a dwelling, either through force or without the permission of the person who occupies the dwelling.

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Chapter 8. Burglary. Next. Chapter 8A. Crimes Committed Against Minors. Report Error Website Feedback. We cannot respond to ... First and second degree burglary are both serious crimes. If you have been charged with either of these offenses, you should contact a DC burglary lawyer today.Second Degree Burglary. If a person enters the property, whether daytime or nighttime and their intent is to commit some form of theft or other criminal offense ... A felony offense, burglary is defined in D.C. as the unauthorized entry into a ... The entry can be through force, or “breaking.” Alternatively, entry can be ... To prove the more serious offense of first degree burglary, the prosecution has to prove that the accused entered a building which was the dwelling of another ... As with many other crimes, defending a burglary involves a thorough investigation to learn what actually happened. The prosecutor will rely on what is in the ... If you have been charged with Burglary in Washington DC call us NOW to consult with an expert attorney about fighting 1st and 2nd-degree burglary charges. Using the Online Reporting Tool, you can report the following types of incidents: Lost property; Lost vehicle tags; Theft/theft from auto* ... Strong locks — and good neighbors who look out for one another — can be effective deterrents to burglars. Here are a few tips that can help you keep you and ... Oct 14, 2023 — Burglary is defined as the act of breaking and entering a dwelling or building with the intent to commit a criminal offense or to steal property ...

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District of Columbia Burglary by Breaking and Entering