To: Broken_Clock who wrote (1394549 ) 3/13/2023 7:00:38 PM From: Wharf Rat 1 RecommendationRecommended By pocotrader
Read Replies (2) | Respond to of 1576177 Breaking and entering versus entering? Nah, I'm just pulling your leg. Legally, there is no difference. Is Entering An Unlocked Door Considered Breaking And Entering? October 21, 2019 Most people think of “breaking and entering” as a broken window, a pried-open door, or the kicked-in door characteristic in home invasions. It’s literally using force to break into a home or place of business and called “breaking and entering ” for a reason. Generally, you don’t have permission to be on the premises, and you’re there for the sole purpose of committing a crime. Since most people and businesses lock their doors, getting in takes some type of criminal action to overcome the locks.But what if the door was unlocked? The Definition Of Breaking & Entering At one time, the term simply meant that—physically breaking into a home or business using force, even if no crime was committed. Today’s charges apply to any unlawful entry into a dwelling anytime, day or night, without permission, and with the intent to commit a crime. Like most states, North Carolina has expanded the definition of “breaking and entering” to include walking into a dwelling with the intent to commit a crime. This means that even entering through an unlocked door or opening and crawling through a window that’s partially opened is a crime if the individual didn’t have permission to be there and was trespassing. Breaking and entering is also a separate charge from burglary, and you can be charged for it even if you committed no other crime. North Carolina law includes “felonious breaking and entering ,” in which an individual not only enters a building without permission, but has the intent to steal, or injure and/or intimidate an individual inside the dwelling. Penalties are harsher for individuals who break and enter into a house of worship, i.e., a church, synagogue, mosque, or other worship center.deweybrinkleylaw.com