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What’s Considered Breaking & Entering?

  • By James Cummings
  • Oct 23, 2016

Burglary is a clear and clean cut charge, and it’s pretty straightforward when you are able to charge for that. A factor within a burglary charge that people often get stumped on is known as breaking and entering, and it’s with good reason that people get confused. For the longest time, breaking and entering was tied burglary and was considered the part of the crime where the burglar broke into a home or establishment that they did not have permission to be, and entered. After that, whatever happened inside of this establishment that they should not have been in was tied to this breaking and entering charge. The cases that were once tied to breaking and entering were almost always felonies, that lead to time in prison rather than just jail.

A Deeper Look Into Breaking & Entering

Now, breaking and entering does not necessarily require a further charge. It does not require physical breaking either. The breaking and entering charge, that is not honored in all states, is considered any time where an individual enters a building that they are not welcome or allowed to be in.

In North Carolina, breaking and entering is considered entering into a building with the intent to commit a felony or theft, or to injure or terrorize someone inside of the building. These types of crimes are known as felonious breaking and entering cases. If an individual has simply entered a building without any permission from the inhabitant, the case still stands, but is not going to be put up against the same standards as a felonious breaking and entering case.

North Carolina also considers it a crime for an individual to, with the intent of committing a crime, break into any secure space with explosives, safe, vault, place of worship or vehicle. This includes cars, boats, airplanes or trailers. Cases where someone did break into a space of worship were taken much more seriously when brought to court.

Trespass vs. Breaking & Entering

If you’re thinking that this charge sounds like trespassing, you’re right. They are very similar crimes, but the severity to which they are charged is different. When someone is charged for trespassing, it is because they entered or stayed on property where they were told not to enter by the owner of the property. Whether it be by signs or by being physically told, a crime is more serious when it’s an enclosed space or a building that someone trespasses in. The punishments that you are dealt will be based on where it was that you were breaking and entering, what type of claims were made, any evidence that they have and what your track record looks like. With so many factors being a part of the situation, it gets tricky trying to understand what it is that you really need to overcome these charges and what different opportunities you have to avoid the charges entirely. That’s where Cummings & Kennedy comes in.

How Cummings & Kennedy Can Help

Our team of attorneys is experienced in the courtroom, and we’re able to provide you with the defense and support that you need. If you have been wrongfully accused or the report just isn’t matching what actually happened, then you need to call our office and allow for us to dig deeper into your case.

Make sure to stay up to date with our blog posts, because our next post will be covering the punishments and charges that are tied to breaking and entering charges and what types of support will be best for you in the case that you have been charged with breaking and entering.

 

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