Nebraska Burglary by Breaking and Entering is a criminal offense that involves unlawfully entering a property with the intention to commit a crime. This offense is defined under Nebraska Revised Statute Section 28-507. Breaking and entering refers to forcibly entering a property, which can include homes, businesses, or any structure, through various means such as breaking doors or windows. The intent to commit a crime can range from theft, vandalism, assault, or any other illegal activity. It is considered a serious criminal offense in Nebraska, and those convicted can face severe penalties. There are different types of Nebraska Burglary by Breaking and Entering, each with its own specific circumstances and legal implications. These include: 1. Residential Burglary: This type of burglary occurs when an individual breaks into a dwelling, such as a house or apartment, with the intention to commit a crime. The severity of the offense may be enhanced if the dwelling is occupied at the time of the break-in. 2. Commercial Burglary: Commercial burglary involves unlawfully entering a business property, such as a store, office, or warehouse, to commit a crime. The motive can be theft, property damage, or even targeting confidential information. 3. Vehicle Burglary: Although not commonly categorized under breaking and entering, the unlawful entry into any motor vehicle, including cars, trucks, or motorcycles, with the intent to commit a crime, also falls within the realm of burglary. 4. Possession of Burglar's Tools: Nebraska law also penalizes the possession of tools or instruments commonly used for breaking and entering. If someone is found in possession of items such as lock picks, crowbars, or other burglary tools, it can be considered a separate offense, often charged in conjunction with burglary. Engaging in Nebraska Burglary by Breaking and Entering is a serious offense, and the penalties can vary depending on the circumstances and the value of stolen property. These penalties may include imprisonment, fines, probation, restitution to victims, and a permanent criminal record that can impact future employment prospects. If you believe you have been wrongfully accused or are facing charges related to Nebraska Burglary by Breaking and Entering, it is crucial to seek legal representation immediately. A skilled criminal defense attorney can help navigate the legal process, build a strong defense, and strive for the best possible outcome in your case.
Nebraska Burglary by Breaking and Entering
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How to fill out Nebraska Burglary By Breaking And Entering?
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28-105. Felonies; classification of penalties; sentences; where served; eligibility for probation. Class I felonyDeathMandatory minimum?three years imprisonmentClass II felonyMaximum?fifty years imprisonmentMinimum?one year imprisonmentClass IIA felonyMaximum?twenty years imprisonment22 more rows
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.
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.
Burglary on its own is a Class IIA felony. ing to Nebraska Revised Statutes Section 28-105, there is no minimum punishment for a Class IIA felony. However, the maximum penalty is 20 years in the state penitentiary.
Ing to Nebraska Revised Statutes Section 28-507, burglary is the willful, malicious, and forceful act of breaking and entering into real estate or any buildings on the land of another.
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.
(2) First degree criminal trespass is a Class I misdemeanor.
A conviction for a breaking and entering can be a 5th felony meaning it carries up to 12 months in prison and a fine of up to $2500.00. So, do not hesitate call an experienced attorney and see how we can help protect you or a loved one facing criminal charges.
