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The Basics of a Burglary Case

Robert Stahle • January 13, 2020

Burglary is a crime that is defined as the unlawful entry into almost any structure with the intent to commit any crime inside. The act of burglary is typically a statutory offense and is sometimes referred to as breaking and entering. It may or may not include robbery or vandalism. The penalties and sentencing for burglary depends on a variety of different factors including the type of property, the severity of the crime, and whether or not a weapon was possessed.

The team of defense attorneys at Fitch & Stahle Law Office is dedicated to providing legal advice for a range of personal needs, including burglary. Here are some things you should know about burglary charges.

The Elements of Burglary

Burglary is the uninvited and unlawful entry into another person’s property, cargo container, or any vehicle or vessel, with the intent to commit a crime inside. All of these three elements must be present in order for a person to be charged with burglary, so each one should be examined in greater detail.

Uninvited or Unauthorized Entry

The first element of burglary involves the actual breaking and entering into the structure. This can be through physical fore (picking a lock) or even through slight use of force (opening a door that was left ajar). It can also be through a method known as constructive breaking, which involves non-physical ways of gaining entry, including coercion or blackmail. Additionally, the entering of the property must occur without the consent of the person occupying the property.

Building or Occupied Structure

In order for entry to be classified as burglary, the structure must meet certain requirements. The building typically must be capable of housing people or animals, or sheltering property. Under this definition, houses, garages, sheds, stores, and office structures all qualify. Also, the building must be closed to the public during the time of entry, so if a person enters a store during normal operating hours and steals an item off the shelf, that is classified as shoplifting, not burglary.

Intent to Commit a Crime

Finally, the perpetrator must have the intent to commit a crime inside the structure. Typically, this crime is theft, but it can extend to other crimes as well.

Penalties for Burglary

Burglary charges can vary based upon a few different factors. One of the biggest factors is the intent under which the person committed the burglary and the amount and severity of the theft that took place. Burglary can be charged either as a felony or a misdemeanor. Misdemeanors are lesser crimes and can be punishable with a fine, probation, or jail time less than a year. On the other hand, a felony is a more serious charge, and jail time for felonies is typically over one year.

Sioux City, IA Defense Attorney

If you have been charged with burglary, the best course of action is to contact a defense attorney. Here at Fitch & Stahle Law Offices, our team of professional attorneys has extensive experience dealing with burglary charges as well as other felony and misdemeanor charges.

To learn more about burglary charges, contact us at (402) 494-3012 today.


By Robert Stahle June 11, 2025
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