Delaware Burglary by Breaking and Entering

• Category: Criminal - Jury Instructions
• State: Multi-State
• Control #: US-00877
• Format: Word; Rich Text

Description

Sample Jury Instruction - This sample jury instruction pertains to a Defendant's indictment for the crime of burglary (including all elements of the crime). Delaware Burglary by Breaking and Entering is defined as the act of unlawfully entering or gaining access to a building, structure, or residence with the intent to commit a crime, usually theft or other felonious acts. This crime involves unlawfully breaking and entering a property and can occur in various places including homes, commercial buildings, vehicles, or even boats. The state of Delaware specifies different types of burglary charges based on the circumstances of the act, which include: 1. First-Degree Burglary: First-degree burglary in Delaware involves knowingly entering a dwelling with the intent to commit a crime, while armed with a deadly weapon or causing injury to the occupants. This offense is considered a Class B felony and carries severe penalties. 2. Second-Degree Burglary: Second-degree burglary occurs when an individual enters a dwelling with the intent to commit a crime, but without being armed or causing injury. It is also charged if the offender enters a specific type of property like a banking institution, pharmacy, or governmental building. Second-degree burglary is classified as a Class C felony. 3. Third-Degree Burglary: Third-degree burglary involves entering any building, vehicle, or aircraft without consent, with the intent to commit a crime. This type of burglary generally includes places other than dwellings and may also cover trespassing offenses. Third-degree burglary is considered a Class F felony. Delaware takes burglary by breaking and entering crimes seriously, and if convicted, individuals may face significant legal consequences, including fines, imprisonment, probation, or restitution to the victims. The severity of the charges depends on various factors such as the presence of a weapon, harm caused to occupants, the type of premises entered, and the intent to commit a crime. It's important to note that each case is unique and is treated differently within the legal system. If you or someone you know is facing burglary charges in Delaware, it is crucial to consult with a qualified criminal defense attorney who can provide guidance tailored to the specific situation. Professional legal assistance can help navigate the complex legal process, protect one's rights, and work towards securing the best possible outcome.

Delaware Burglary by Breaking and Entering is defined as the act of unlawfully entering or gaining access to a building, structure, or residence with the intent to commit a crime, usually theft or other felonious acts. This crime involves unlawfully breaking and entering a property and can occur in various places including homes, commercial buildings, vehicles, or even boats. The state of Delaware specifies different types of burglary charges based on the circumstances of the act, which include: 1. First-Degree Burglary: First-degree burglary in Delaware involves knowingly entering a dwelling with the intent to commit a crime, while armed with a deadly weapon or causing injury to the occupants. This offense is considered a Class B felony and carries severe penalties. 2. Second-Degree Burglary: Second-degree burglary occurs when an individual enters a dwelling with the intent to commit a crime, but without being armed or causing injury. It is also charged if the offender enters a specific type of property like a banking institution, pharmacy, or governmental building. Second-degree burglary is classified as a Class C felony. 3. Third-Degree Burglary: Third-degree burglary involves entering any building, vehicle, or aircraft without consent, with the intent to commit a crime. This type of burglary generally includes places other than dwellings and may also cover trespassing offenses. Third-degree burglary is considered a Class F felony. Delaware takes burglary by breaking and entering crimes seriously, and if convicted, individuals may face significant legal consequences, including fines, imprisonment, probation, or restitution to the victims. The severity of the charges depends on various factors such as the presence of a weapon, harm caused to occupants, the type of premises entered, and the intent to commit a crime. It's important to note that each case is unique and is treated differently within the legal system. If you or someone you know is facing burglary charges in Delaware, it is crucial to consult with a qualified criminal defense attorney who can provide guidance tailored to the specific situation. Professional legal assistance can help navigate the complex legal process, protect one's rights, and work towards securing the best possible outcome.