Mississippi Burglary by Breaking and Entering

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Multi-State
Control #:
US-00877
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Word; 
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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).

How to fill out Burglary By Breaking And Entering?

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FAQ

On this page you'll find 7 synonyms, antonyms, and words related to break and entry, such as: break in, null, burglary, housebreaking, robbery, and second-story work.

In common law, burglary is defined as the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony. If there is no such intent to commit a felony, the breaking and entering may constitute illegal trespass.

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.

Penalties for Burglary in Mississippi Burglary of DwellingFelony, 3 to 25 Years in PenitentiaryBurglary of ChurchFelony, Up to 14 Years in PenitentiaryBurglary of Non-Dwelling or AutoFelony, Up to 7 Years in PenitentiaryBurglary with ExplosivesFelony, 5 to 40 Years in Penitentiary

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.

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.

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Mississippi Burglary by Breaking and Entering