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What Is Breaking and Entering?

Any unauthorized entry into a private property through force, however small or great the force exerted may be is a misdemeanor crime referred to as breaking and entering. If there is the intent to steal or commit any act of theft or crime, the misdemeanor crime of breaking and entering is elevated to burglary.

Breaking and entering is a precursor to burglary or trespassing, more severe criminal and civil offenses. The most crucial element in breaking and entering is the use of force. As long as force was used to enter a property without the express permission of the property owner, breaking and entering has been committed. The use of force may involve something as minimal as lifting a window or as maximal as shattering the window or forcing a door open. Some jurisdictions view the use of threats or coercion as a plausible case of breaking and entering.

As a precursor to burglary, breaking and entering into a private property with the intent and the actual act of theft may be elevated from a misdemeanor to a serious felony. As long as intent to steal or to commit a crime within the premises of the area wherein the individual was unauthorized to be in, such a person can be considered guilty of burglary rather than just breaking and entering.

As a precursor to trespassing, it is not necessary to prove that an individual committed a crime after breaking and entering. The unauthorized presence of the individual within the premises of the private property is enough to establish trespassing as a result of breaking and entering.

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