Burglary laws are complex, but understanding what makes burglary a felony vs a misdemeanor is essential. Burglary is a serious crime because it involves property and harm to individuals. The charge generally becomes a felony when certain aggravating factors are present. These factors elevate the severity of burglary charges and their consequences.
Defining Burglary
At its core, burglary laws involve three critical elements: unlawful entry, intent to commit a crime, and type of structure. Unlawful entry means someone enters a building without permission. Intent to commit a crime involves someone intending to commit a crime at the time of said entry.
Burglary can happen in homes, businesses, vehicles, or enclosed spaces. Crimes involving residential properties are typically treated more severely than those involving non-residential or commercial spaces.
What Makes Burglary a Felony?
Some circumstances can elevate burglary to a felony offense. For example, residential burglary involving a home is almost always considered a felony. Homes are viewed as places of safety and privacy, and invading that place can cause significant emotional and physical risks for those occupying it.
If the property is occupied when the burglary occurs, the possibility for a confrontation increases. So, even if no one is harmed, the situation is considered dangerous enough to classify the crime as a felony. Moreover, possessing a weapon — whether it’s used or not — further escalates the crime.
While theft is the most plausible motive, burglary laws also account for crimes of intent to commit other felonies. For instance, assault, arson, or kidnapping charges in addition to burglary can elevate it to a felony.
Despite the circumstances, repeat offenders are more likely to face felony charges and some states classify all burglaries as felonies. Meanwhile, a felony burglary conviction can lead to severe, life-altering penalties, including hefty fines and lengthy prison sentences.
Consequences of a Felony Burglary Conviction
Sentences for felony burglary often depend on the degree of the offense and can range from several years to life in prison. Those convicted might also be required to pay fines to compensate victims for damages. A felony record for burglary can impact more than bank accounts, however. Convicted individuals suffer difficulty with employment, housing, public resources, civil rights, and other opportunities after they finish their sentence.
For non-citizens, the stakes are even higher. A burglary conviction can have serious immigration consequences and is usually classified as a crime involving moral turpitude (CIMT). This aggravated felony can lead to deportation, ineligibility of relief, barriers to citizenship, and more. To learn more about burglary laws and US citizenship, contact an immigration lawyer.
Felony Burglary Laws and Common Defenses
Facing felony burglary charges can be daunting, overwhelming, and complex. Fortunately, experienced criminal defense lawyers can help preserve your rights and reach an equitable outcome.
If the prosecution can’t prove intent to commit a crime, they won’t be able to uphold the charges against you. Criminal defense lawyers can help prove permission to enter, mistaken identity, or demonstrate that no crime was committed, if possible. Ask a reputable legal expert at Lamb & Turner to learn more. Schedule a consultation today to discuss your case.
Conclusion
What makes burglary a felony? It depends on multiple factors. According to burglary laws, the consequences can also vary, especially between citizens and non-citizens. Protect your rights and understand the options. Contact Lamb & Turner for more information.
