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Burglary in the first degree shall be punished by imprisonment for not less than 5 years nor more than 30 years.
Although all of the following apply to burglary, the most essential element is: intent at time of entry.
(a) For the purpose of this section, the term ?wrongfully obtains or uses? means: (1) taking or exercising control over property; (2) making an unauthorized use, disposition, or transfer of an interest in or possession of property; or (3) obtaining property by trick, false pretense, false , tampering, or deception ...
The perpetrator must have entered with the intent to break and carry away any part, fixture, or other thing attached to the dwelling or with the intent to commit any criminal offense, and; An individual is present in the dwelling at the time when the perpetrator enters.
Washington, DC Burglary Laws Burglary in the first degree is defined in Code Section 22-801(a). The government must prove the following to convict you: You entered a dwelling, either through force or without the permission of the person who occupies the dwelling.
As long as there is the intent to commit a crime, it can constitute burglary. There is no breaking and entering requirement. The offender may trespass through an open door. This is different from robbery, which involves the use of force or fear to obtain another person's property.
For burglary charges to remain valid, the person must first break into the property and then enter inside without the consent of the owner or resident. He or she must have every intention of committing a crime of some sort. The person could commit a crime unrelated to theft or even entering the building.
Washington, DC Burglary Laws Burglary in the first degree is defined in Code Section 22-801(a). The government must prove the following to convict you: You entered a dwelling, either through force or without the permission of the person who occupies the dwelling.