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Burglary

Under common law, burglary was the breaking and entering into the dwelling house of another with the intent to commit a felony therein.

Today, in most jurisdictions, under statutory law, burglary has been expanded. In most jurisdictions, the breaking element now includes enlarging an opening and constructive breaking - by threat of force, by deception, or by fraud, and in some jurisdictions, the elment has been completely eliminated. Entry has been expanded to include any type of entry, any part of the defendant, or any tool belonging to the defendant. As well, the acts of breaking and entering can occur at different times, so long as they are related to the same crime. The "dwelling house" has been extended to other structures, regardless of whether the structure has a roof or attachment. The time of day (night) has been expanded in most jurisdictions to include any time of day, while in other jurisdictions, the time of day serves as a qualifier for sentencing purposes resulting in more sever sentences for burglaries committed at night. The intent to commit a felony has been expanded to include an intent to commit a misdemeanor, too, however intent must still exist before the burglar enters the structure.

As under common law principles, under statutory law, burglary involves a tresspass, and the burglar becomes a tresspasser when he is in the building at a time when he is not invited. There is a division among the jurisdictions throughout the United States on the issue of businesses and the tresspassary nature of a burglar's right to be in the establishment. As noted, the trespass occurs when the right to access ends, hence the majority of jurisdictions find that a business, which by its very nature invites people into its establishment, does so with the expectation that the invitation is open during normal business hours, but ends when the business closes for the day. In a minority of jurisdictions, if the burglar enters a business with the intent to steal, his intent bars consent and therefore he is uninvited and his presence is a trespass.

Commision Of Burglary Crime & Intended Felony Or Misdemeanor

A burglary occurs the moment that the burglar enters the structure, regardless of whether he completes the intended crime within; however, the intent to complete a crime within must have existed before he entered the structure. However, because burglary does not merge with another offense, a defendant can, if he intended to commit a crime after he entered the structure, be charged with burglary and the intended crime or an attempt of the intended crime.

Mitigating Circumstances

Theft crimes cannot be mitigated to lesser crimes.

Contact Van Wagner & Wood

Van Wagner & Wood, S.C.
608-284-1200

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Offices of Van Wagner & Wood

Van Wagner & Wood's office is located at Martin Luther King, Jr. Blvd. and Doty Street. 10 East Doty is located on the outside of the first circle surrounding the capitol building. You can park under the building by entering the parking lot from Doty Street. If you park under 10 East Doty, the offices of Van Wagner & Wood will validate your parking ticket so that you do not have to pay to park. If the parking ramp is full, there are numerous parking places surrounding 10 East Doty, as well as a public parking ramp on State street.

Appeals & Serious Crimes - Homicide - Murder

Van Wagner & Wood's criminal defense lawyers handle appeals to both the Appellate Court and the Supreme Court, as well as both state and Federal court systems for people convicted of a crime who believe their conviction or sentence were wrong. Most often, the appeals that they handle are to federal court because very few attorneys handle these types of appeals; Attorney Chris Van Wagner was a US Attorney in Wisconsin before entering private practice. Often times, people from across the United States hire Attorney Van Wagner for a Federal or a state appeal for serious crimes including homicide, RICO (Racketeering), felony murder, negligent homicide, vehicular homicide, or sexual assault. Attorney Tracey Wood handles appeals to Wisconsin State Court of Appeals and Wisconsin Supreme Court for charges or convictions stemming from a Wisconsin trial.

Federal Crimes

Drug Crimes

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