JONATHAN BURGE

Attorney at Law

From Building

Burglary from a building occurs when you enter a structure unlawfully to commit another crime.  The intent to commit another crime had to occur at the time you entered, not after you were inside.

For instance, if you break into your ex-girlfriend's house to sleep off a drunken spree, and decide to assault her when you wake up in the middle of the night, this would be trespass, and assault, since you did not plan to do the assault when you entered.

On the other hand, if you break into the girlfriends house with the intent to sneak up on her to assault her, this is burglary, since you intended to commit the assault at the time you entered.

This crime carries a possible maximum jail term between 5-10 years, depending on whether the structure was a residence or not.

From Car

A couple of years ago, the legislature decided to make it a felony to break into someone's car, with the intent to commit another crime.  This carries a possible maximum 5 years in jail.

An example would be reaching into someone else's car to assault someone sitting in that car.  Another example is breaking into a car to steal the quarters from the ash tray.

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