- A person who enters a building by using force but has the intent of helping someone usually won't face criminal charges. If the reason for breaking and entering is to cause harm to property or a person, the criminal charge of breaking and entering applies, but the charge of burglary also applies. Even if no vandalism occurs, no property is damaged and no person injured, an individual can face breaking and entering charges. If the person enters a building without the use of force, the charge is criminal trespassing.
- Some jurisdictions make a distinction between daytime breaking and entering charges and nighttime charges. The time of day does not change the criminal charges but may affect the sentencing recommendations of the presiding judge. According to the Law offices of Jason Chan, breaking and entering committed one hour after sunset and in combination with a felony charge can result in up to 20 years in state prison.
- If the breaking and entering occurs in the process of committing a misdemeanor crime, such as vandalism, additional charges apply and an increase to a felony charge is possible. Felony charges carry large jail or prison sentences with additional fines likely.
- If the person commits a breaking and entering offense during the committal of a felony charge, such as assault or murder, the felony charge is pursued more vehemently than the misdemeanor breaking and entering charge. Although as court cases for felony charges are brought before judges, additional misdemeanor charges may be added to intensify the sentencing from the judge.
Intent
Time of Day
To Commit a Misdemeanor
To Commit a Felony
SHARE
