Burglary by Breaking and Entering
Overview of this form
The Burglary by Breaking and Entering form is a legal document used to provide specific jury instructions regarding the indictment of a defendant for the crime of burglary. This form outlines the essential elements that must be proven for a conviction, distinguishing it from other burglary-related forms by detailing the intent and method associated with breaking and entering a dwelling. This legal tool is crucial in guiding juries to deliberate on the evidence presented in a burglary case effectively.
Main sections of this form
- Definition of the crime of burglary, including breaking and entering.
- Identification of the dwelling involved in the alleged crime.
- Clarification of the defendant's intent to commit a crime upon entering.
- Requirements for the state to prove guilt beyond a reasonable doubt.
- Instructions for finding the defendant guilty or not guilty based on evidence.
Common use cases
This form should be used when a defendant is charged with burglary by breaking and entering a dwelling. It is pertinent in legal cases where jurors need a clear understanding of the legal standards required for a conviction, especially if the intent to commit a crime once inside the dwelling is disputed by the defense. This form is generally utilized in court proceedings during jury deliberations.
Intended users of this form
- Judges presiding over burglary cases to provide jury instructions.
- Legal practitioners representing either the prosecution or defense in a burglary trial.
- Jurors who need guidance on how to evaluate the case against the defendant.
Steps to complete this form
- Identify the defendant's name charged with burglary.
- Specify the name of the dwelling that was allegedly broken into.
- Enter the method of breaking and entering (e.g., prying open a door).
- Document the alleged intent of the defendant upon entering the premises (e.g., committing larceny).
- Ensure that all elements required for the conviction are clearly indicated for jury understanding.
Notarization guidance
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to accurately specify the defendant's intent can weaken the prosecution's case.
- Not clearly identifying the dwelling can lead to confusion among jurors.
- Overlooking the burden of proof requirements may result in misunderstandings of the law.
Why complete this form online
- Convenient access to necessary jury instruction templates.
- Easy to edit and customize to fit specific cases.
- Reliable and professionally drafted content by licensed attorneys.
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FAQ
Breaking and Entering with Intent to Commit a Misdemeanor is punishable by up to 6 months in jail and a $200 fine. Breaking and Entering in the Daytime with Intent to Commit a Felony is punishable by up to 10 years in state prison.
What is the Difference Between Trespassing and Breaking and Entering? Trespassing is entering upon another's property after having been forbidden to do so, either directly or by notice. Breaking and entering does not require that you have been expressly forbidden from being present.
What is the Difference Between Trespassing and Breaking and Entering? Trespassing is entering upon another's property after having been forbidden to do so, either directly or by notice. Breaking and entering does not require that you have been expressly forbidden from being present.
Penalty for Breaking and Entering in California In order to be convicted of burglary in California, the prosecution must prove that the defendant: Entered a building or premise either partially or completely; AND. Did so with the intent to commit theft or a felony.
Under California law, there is no crime specifically of breaking and entering. However, a person can be charged with burglary or trespass for unlawfully entering someone else's home, commercial building, or property.going into another person's unused garage without their consent.
In addition, burglary requires entering the building with the intent to commit a felony or theft crime. Breaking and entering does not always require the intent to do something illegal when entering a building.Burglary does require the intent of an additional criminal act and does not require breaking in.
If you are convicted of felony breaking and entering in the first degree, you face a sentence of two to four or six years in state prison, a maximum fine of $10,000, or both prison and fine.
Breaking and entering is the entering of a building through force without authorization. The slightest force including pushing open a door is all that is necessary.The common law defined burglary as the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony.
(1) A person entering; (2) A building, occupied structure, or separately secured portion thereof of another; and. (3) With the purpose to commit a crime therein.
