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Home >  Criminal >  Criminal Law

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Burglaries are the entry into a building with the intent to commit a theft or any felony inside the building. If the building being entered is a place of residence, this is prosecuted as a residential burglary. If the building is a commercial structure, this is a commercial burglary.

The crime of burglary occurs upon entry. The key to burglary is the intent of the person as he enters the structure. If the person intends to steal or commit any felony as he enters, the crime is burglary. It is not necessary that the felony or theft be completed; only that it was intended upon entry. (Although the prosecutor may have a difficult time proving the actors intent if the crime was not completed.)

Identity of a burglary suspect is often proved using fingerprints. Fingerprints found at the point of entry or around the area of a theft can prove the identity of a burglar.

Defenses to burglary

A common defense to such an accusation is that the suspect had a legitimate reason for being in the area in the past. (Remember, it is impossible to know how long a fingerprint has been on a surface.) The suspect may have been a handy man who had done work on the house week's prior.

Another defense to burglary is lack of intent upon entry. Example - "I did not break into the house to steal. I was only looking for a place to get out from the cold."

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