QUESTION
In a warehouse burglary what makes it burglary if nothing is taken?
Asked on Jan 12th, 2013 on Criminal Law - California
More details to this question:
Was caught in the building police found a bag of screw drivers somewhere in the building not in my area no power was on in the building the police found no flashlight or gloves was found.
10 ANSWERS
Michael J. Breczinski
If you were in there with the intent to steal then that makes it a burglary.
Answered on Jan 17th, 2013 at 10:44 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The fact that you were in a place that you were not supposed to be and had no authority to be there.
Answered on Jan 16th, 2013 at 7:47 PM
3 Awards
Burglary is the unlawful entry (or remaining in) of a building with the intent to commit a crime therein - no additional crime has to be completed, just you having the intent to do so if they can prove that you intended to steal while inside, then you get burglary - otherwise it is likely a trespass.
Answered on Jan 16th, 2013 at 7:38 PM
Karren Melinda Kenney
What makes it a burglary is entering with the intent to steal. Nothing has to actually be taken.
Answered on Jan 15th, 2013 at 3:23 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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This is a good question. One merely needs to be in a building, without permission, and have the intent to commit a felony in the building.
Answered on Jan 15th, 2013 at 3:22 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Unlawfully entering or remaining on the premises with the intent to commit any theft, assault or felony is what constitutes a burglary. Doesn't matter if nothing was actually stolen.
Answered on Jan 15th, 2013 at 3:22 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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It does not matter if anything is taken. The question is the intent upon the illegal entry, and that intent can be "proven" by the tools found.
Answered on Jan 15th, 2013 at 3:18 PM
Burglary is breaking and entering with the intent to commit a felony in the building. The key issue is whether or not the person had the intent to commit a felony. It does not require that the person completed the felony.
Answered on Jan 15th, 2013 at 3:18 PM
At the minimum, you will be charged with possession of burglary tools, a misdemeanor.
Answered on Jan 15th, 2013 at 3:17 PM
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Burglary, legally speaking, means breaking and entering with the intention of committing a felony inside. There are many different felonies you could be intending to commit inside. If nothing was stolen, it call still be burglary because the person intended to steal something.
Answered on Jan 15th, 2013 at 3:17 PM