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Burglary and breaking and entry

Year in and year out, people are charged with the crime of burglary throughout the United States. This crime has been around for many years, with states having incorporated it into their penal codes.

Burglary was developed in order to prevent violence and to help people protect their home. While there are times when a person should be charged with this crime, it is not uncommon for a false accusation, as there is a lot of gray area associated with the law.

Breaking and entry is a primary element of burglary. There are two ways in which a break in can occur: constructive and actual.

Constructive breaking is when a person commits burglary via threats, such as blackmail.

Actual breaking, however, is when a person takes a physical action, such as breaking down a door, to gain entry.

In order for a person to be charged with burglary, he or she must enter the structure. For instance, there is a big difference between threatening to break into somebody's home and actually doing so.

Note: The entry into the home must occur without the consent of somebody inside. This is one of the primary gray areas associated with burglary, as many people are charged with this crime despite the fact that somebody inside, such as a family member or friend, appeared to have made an invitation.

Anybody who has been charged with burglary should learn more about the crime, including applicable state laws, potential punishment, and defense strategies. This type of knowledge can go a long way in helping the charged party avoid a conviction.

Source: FindLaw, "Burglary Overview," accessed July 02, 2015

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Robert D. DiDio
& Associates

8002 Kew Gardens Road
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Kew Gardens, NY 11415

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