Breaking and entering are two of the elements necessary to constitute a burglary, and are generally defined as the gaining of unauthorized, illegal access to another’s premises. This means the simple act of pushing open a door to a premises which has been left ajar is enough to constitute breaking and entering, being that you have no permission to enter, and are then trespassing.
Breaking and entering, in and of itself, is a misdemeanor crime when unaccompanied by more serious offenses. Entering can involve either physical entry by a person or the insertion of an instrument with which to remove property.
Breaking and entering can have serious consequences. Surely in most cases breaking and entering is a precursor to another, more serious crime, such as burglary, larceny, arson, kidnapping, rape, assault, battery, murder, etc., and thus is taken very seriously.
If you have been charged with breaking & entering or are under investigation, contact us today.