Understand the Elements of Burglary
May 20, 2019
People may think that burglary and robbery are the same things in Georgia. However, these are usually considered two different crimes, and it is important to understand the elements involved in burglary.
According to FindLaw, burglary means that someone entered a building illegally. This building does not have to be a business or private residence but can be any structure on someone’s property. While people may think they need to use force to enter this building, this is not typically the case. There are two different kinds of breaking and entering someone might use. The first is constructive breaking. This means a person does not use force to enter a structure but instead utilizes a method like blackmail. The other kind of breaking is actual breaking. In this situation, a person may use varying degrees of physical force to gain entry. He or she might open an unlocked door or pick the lock.
While some people might think that burglary involves theft, this is not always the case. Burglary simply means a person meant to commit a crime inside a building. In many situations, theft may be the crime a person wants to commit, but this crime can also include other offenses.
There are many factors affecting the penalty for burglary. FindLaw says that a court usually considers the particular situation to see if there are factors that make the burglary more serious. Additionally, a judge might look at a person’s criminal record to see if he or she has prior convictions. Depending on the situation, a court may rule that a person needs to pay a fine instead of spend time in prison.