Comparing and contrasting the definition of burglary with different legal frameworks yields some very interesting observations. Specifically, the author compared common law and Virginia’s law. Indeed, it is very diverse but yet similar when defining. Burglary is commonly defined according as the unlawful entry of a structure in order to commit a felony or theft (“Burglary Overview”, 2018). It may include actual forcible entry. However, instances where unlawful entry with no force and/or attempted forcible entry are present can also be labeled and prosecuted as burglary. While the definition of burglary is fairly consistent in most cases, there are variances in the law when comparing different types of law and differing levels of jurisdiction.
Analysis
The burglary laws on the books in Virginia, on the other hand, are a little different. Virginia’s law defines burglary breaking and entering someone’s home in the night time with the intent to commit a felony or larceny within the same (“Burglary Law”, 2018). Whether or not the criminal in question succeeds in committing the felony or larceny does not matter. Intent and the attempt alone are what makes the crime real and prosecutable. People convicted of burglary in Virginia can face five...
If the assailant is armed, that make the offense a class II felony. This makes the corresponding prison sentence twenty years to life in prison (“Burglary Law”, 2018).
The common law definition of burglary is the trespassory breaking and entering of the dwelling of another at night with an intent to commit a felony therein (“The Free”, 2017). It is an offense against a possession or habitation. The common-law elements of the offense have been modified in most jurisdictions by statutes that tend to make the crime less restrictive (“The Free”, 2017). The variance between the two definitions is divided by what will occur if the offense it committed with or without a weapon and if force was used when entering the dwelling. Virginia’s law clearly indicates that the punishment for burglary is quite severe irrespective of whether the intruder is armed and whether or not it is successfully completed in the first place.
Dodd-Frank Wall Street Reform & Consumer Protection Act
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