According to the annual statistics given by the Department of Justice, the country is said to undergo more than a million burglaries every year, and more than half of these crimes are home invasions.
People may think that breaking and entering is just an act of forcing your way into another person’s home, but the law sees it in different ways. In addition, there are several ways that burglars get punished from this crime, like being fined or going to jail.
The question is, how long will you be in jail for breaking and entering?
This actually varies depending on the jurisdiction and how the crime was committed. There are different types of breaking and entering offenses with their sets of punishments. What matters is knowing your legal rights relevant to these actions and the implications they might carry.
Let’s look into these situation to better understand your rights and how to protect yourself from these charges.
Types of Breaking and Entering Offenses
Breaking and entering consists of illegal actions undertaken when one enters a property without permission so as to commit a crime. These are grave offenses and carry with them huge penalties.
Burglary is one of the major types of breaking and entering- entering unlawfully into a building or dwelling with an intent to steal something or commit another felony.
Another division of breaking and entering is considered trespassing. Trespassing occurs when an individual enters another’s property against the will of the owner. The case may differ as to when trespassing is deemed a misdemeanor.
Breaking and entering simply means unlawfully entering someone else’s premises, despite the absence of an intent to commit a crime on the inside. Unauthorized entry may then weigh heavy against the accused with strong charges and a criminal record.
Some states have separate laws regarding breaking and entering motor vehicles. This can thus lead to a separate charge. It is important to know the different types of breaking-and-entering offenses so that you know your rights and responsibilities.
Understanding Property Rights
Property rights are fundamental principles of law that govern your ownership and dominion over land, buildings, and other sorts of possessions. Such rights empower you to make use of, sell, lease, or otherwise transfer the property as you deem fit.
As a property owner, you have the right to exclude others from entering on your land or premises without their permission. In such cases where any persons do trespass on your property, then the law might come to your aid.
There is the right to seek redress if another party interferes with your ownership or possession of the property. Know your property rights to be able to correctly guard your interests and property.
Legal Protections for Property Owners
Property owners are entitled to certain rights that can secure their home or business against entry or trespassing.
Property owners have the right to reasonable measures put in force to defend the property against intruders. Such measures include the use of necessary force to eject the trespassers or to avert their own harm or the harm of others on the property. The amount of force used must be equal to the level of threat faced.
During an unfortunate circumstance of breaking and entering or trespassing, a property owner may also approach the authorities to file a complaint about the incident and to gain help in addressing the situation.
Tenant Rights in Break-Ins
In the event of a break-in, a tenant stands to be considered for his/her rights. In most places, the landlord is responsible for providing security of the rented premises.
The landlord can be liable for break-ins as a consequence of poor security, such as an effective lock never being fitted or an alarm system not properly working. Hence, a tenant should ask a landlord if adequate security measures have been put in place or should be installed for protection in case of an eventuality of further break-ins.
The very first thing a tenant must do when there is a break-in is notify the landlord. Documenting damage during the act or making up a list of stolen items can help claims for either insurance or legal matters if they reach that stage. You must also let the landlord know if repairs or upgrades are necessary to restore security to the property.
Tenants should feel comfortable and relatively secure when renting a place. The landlord should be, at the very least, keeping up a somewhat secure environment for you.
Steps to Take After a Break-In
Safety is paramount, as after that, an immediate call to local authorities is to be put through. Leave the house if you feel threatened. Find a place where you can be around people to be safe. Call 911 to report a possible break-in in case everything looks fine.
The more information you can provide a dispatcher about the position of the house and your own direct observations of this break-in, the better. If a description of the intruder is possible, give it.
Do not touch anything that the intruder may have handled or moved about, as there may be some crucial evidence; the arrival of the police is awaited. Do not enter the premises yet again unless instructed to do so by the authorities.
When the police are done, keep an account of everything damaged and stolen so that you may at once file an insurance claim.
Talk to someone, maybe even a counselor, to help the client process the break-in and take actions to secure the property in the future.
also read: Step-by-Step Process for Setting Aside Your Criminal Record in Arizona