Hawaii Burglary by Breaking and Entering

State:
Multi-State
Control #:
US-00877
Format:
Word; 
Rich Text
Instant download

Description

Sample Jury Instruction - This sample jury instruction pertains to a Defendant's indictment for the crime of burglary (including all elements of the crime).

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FAQ

A person convicted of first-degree theft commits a class B felony. A class B felony carries up to 10 years in prison and a $25,000 fine.

Breaking and entering is defined as the entering of a building through force without authorization. The slightest force including pushing open a door is all that is necessary. Breaking also includes entering a building through fraud, threats, or collusion.

A Penal Code 212.5 PC first degree robbery can occur at an automated teller machine (ATM). A first-degree robbery is any robbery when the victim is a driver or passenger of a bus, taxi, subway, or other transportation for hire; a robbery occurs in an inhabited structure (home) or at an automated teller machine (ATM).

Theft in the Second Degree Aquacultural products from an enclosed area with a No Trespassing or Private Property sign; Agricultural equipment, supplies, or products worth more than $100 from an enclosed area with a No Trespassing or Private Property sign; or. Commercial agricultural products.

Burglary ? Penal Code 459 Although using force or fraud to gain entry into someone else's property with such intent is considered burglary, forced entry is not required in order to be charged with or convicted of burglary.

Burglary in the first degree incurs penalties of a Class B felony, punishable by up to 10 years in jail and fines of up to $25,000. Those who are charged with burglary are also often charged with criminal trespassing, which is unlawful entry of someone else's property.

You should be aware of the potential sentence if you're convicted of robbery in the first or second degree. Robbery in the first degree is a Class A felony, punishable by up to 20 years in prison and fines up to $50,000.

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.

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Hawaii Burglary by Breaking and Entering