Oregon Burglary by Breaking and Entering
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FAQ
The following is a list of the minimum required crime elements for Burglary: ? Person knowingly enters or remains unlawfully (and) ? Building (and) ? Intent to commit crime therein. Is 'breaking and entering' into the building necessary? NO Opening an unlocked door or climbing through an open window is sufficient.
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.
Therefore, the term ?breaking and entering? is really an umbrella term that applies to several other crimes. One of these is burglary, which California Penal Code 459 defines as entering someone's property with the intent of committing a felony or theft once inside.
Breaking and entering, or Burglary is a serious crime in the state of Oregon. First Degree Bulglary is a class A felony carrying a penalty of up to 20 years in prison. Burglary in the Second Degree is a class C felony punishable by up to 5 years in prison. In either case, your life can be seriously be effected.
Burglary in the 1st Degree Oregon Sentence If a person is convicted of burglary in the first degree in Oregon, they face a mandatory minimum sentence of 25 months in prison under Ballot Measure 57, which established mandatory minimum sentences for certain property crimes.
Intent ? The suspect entering the structure or building must have the intent to commit a theft or felony at the exact moment of entering. There does not have to be a completed theft or felony, only the intent to commit one.
Merely reaching an arm into an open window counts as entering because the building's outer boundary was breached. Also note that you can get convicted of burglary even if you do not break into the residence or structure. Simply walking in through an unlocked door or open window would qualify.
