Is Attempted Burglary a Felony or Misdemeanor?
Burglary is a serious crime that involves breaking and entering into a property with the intent to commit a felony or theft. Attempted burglary, which is an attempt to commit burglary, is also considered a serious offense. But is attempted burglary a felony or misdemeanor? The answer depends on the jurisdiction and the specific circumstances of the case.
What is Burglary?
Before we dive into the answer, it’s essential to understand what burglary is. Burglary is typically defined as breaking and entering into a property with the intent to commit a felony or theft. This can include entering a building, vehicle, or other structure without the owner’s consent and with the intention of stealing property or committing another crime.
What is Attempted Burglary?
Attempted burglary is an attempt to commit burglary. This can occur when a person attempts to break into a property but is stopped or interrupted before they can complete the crime. Attempted burglary can also occur when a person attempts to break into a property but realizes it’s not feasible or decides not to continue.
Is Attempted Burglary a Felony or Misdemeanor?
The answer to this question varies depending on the jurisdiction. In the United States, the laws regarding attempted burglary are not uniform and can differ from state to state.
Felony Attempted Burglary
In some states, attempted burglary is considered a felony offense. Felony attempted burglary is typically defined as an attempt to commit burglary with the intent to commit a felony or theft. This offense is often punishable by imprisonment for a specific period, such as 1-5 years, and can also include fines.
| State | Penalty for Felony Attempted Burglary |
|---|---|
| California | 1-5 years imprisonment, $10,000 fine |
| Florida | 1-5 years imprisonment, $5,000 fine |
| New York | 1-4 years imprisonment, $5,000 fine |
Misdemeanor Attempted Burglary
In other states, attempted burglary is considered a misdemeanor offense. Misdemeanor attempted burglary is typically defined as an attempt to commit burglary with the intent to commit a misdemeanor or theft. This offense is often punishable by imprisonment for a shorter period, such as 1-12 months, and can also include fines.
| State | Penalty for Misdemeanor Attempted Burglary |
|---|---|
| Arizona | 1-6 months imprisonment, $2,500 fine |
| Texas | 1-12 months imprisonment, $4,000 fine |
| Ohio | 1-12 months imprisonment, $2,500 fine |
Factors that Affect the Severity of the Charge
The severity of the attempted burglary charge can be influenced by several factors, including:
• Intent: The intent to commit burglary is a critical factor in determining the severity of the charge. If the defendant intended to commit a felony or theft, the charge is more likely to be a felony. If the defendant’s intent was less serious, such as to commit a misdemeanor, the charge may be a misdemeanor.
• Method used: The method used to attempt to commit burglary can also affect the severity of the charge. For example, if the defendant used force or violence to gain entry into the property, the charge may be more severe.
• Property involved: The type of property involved can also influence the severity of the charge. For example, if the property involved is a residential building, the charge may be more severe than if the property involved is a commercial building.
• Previous criminal history: A defendant’s previous criminal history can also affect the severity of the charge. If the defendant has a history of similar offenses, the charge may be more severe.
Conclusion
In conclusion, attempted burglary can be either a felony or misdemeanor offense, depending on the jurisdiction and the specific circumstances of the case. It’s essential to understand the laws in your state and the factors that can influence the severity of the charge. If you’re facing charges for attempted burglary, it’s crucial to consult with a qualified attorney who can help you navigate the legal system and ensure the best possible outcome.
