Why Fourth Degree Burglary Charges Are Still a Serious Crime

Burglary is defined as the unlawful, forceful entry into a building or structure with the intent to commit a crime. The popularity of forensics and crime related shows have made it so that many people are at least somewhat familiar with burglary crimes, and the fact that they are charged in varying degrees.

The most common types of burglary charges include first degree, second degree and third degree. The higher the degree, the more serious the crime and the potential consequences. While not too common, you may occasionally hear of a fourth degree burglary charge.

While crimes that fall under the umbrella of fourth degree burglary are significantly less serious than the higher degrees, they still carry severe consequences, and unfortunately are often misunderstood.

Not all states have fourth degree burglary laws on their books. Those that do define this level of burglary using one or more of the following elements:

• Simple breaking and entering, regardless of intent to commit a further crime
  
• Intent to commit theft within or while in a building, dwelling or on nearby property of the structure
  
• Possession of burglar’s tools with the intent of using them

In Iowa and Nebraska, fourth degree burglary focus on the last item on this list, and is often referred to simply as Possession of Burglar’s Tools.

Possession of burglar’s tools is defined as any person who is in possession of any tool, instrument, key, explosive or any device with the intent of using it to commit any degree of burglary. Of all the burglary charges, this one is often the most difficult to prove because it relies so heavily on the element of intent.

For example, if someone comes home to find their neighbor in their backyard with any of the described burglar’s tool, that person may be charged with a crime. The evidence lies in proving if the person was in this position with the intent to commit a crime, or if there was another explanation that could reasonably explain the situation.

While a wandering neighbor may be able to claim they were looking for a lost dog, even if they were carrying burglar’s tools, some cases are much more obvious. For example, being in possession of a stolen access key to a dwelling while on the property.

There are a wide variety of tools, devices and implements that can be considered a tool of burglary. These include, but are not limited to:

• Lock picks
  
• Lock decoding device
  
• Crowbar or another prying device
  
• Hammers, pliers, screwdrivers and other hand tools
  
• Heavy duty tools such as torches
  
• Ropes or other climbing material
  
• Explosives
  
• Masks, gloves or other clothing used to hide identity
  

When looking at this list, the first thing that stands out is that many of these are common household items, so possession itself is not a crime. Whether or not they are considered tools of burglary is dependent on proving the intent to use them in a crime.

Possession of burglar’s tools is a serious crime. In Iowa it is charged as an aggravated misdemeanor, while Nebraska considers it a class IV felony. If you’re facing charges, you need a skilled legal defense team to fight your case. Contact Fitch & Stahle Law Offices today and schedule a free consultation.