Burglary of a Habitation

| Oct 11, 2010 | Criminal Defense |

Typically, stealing from someone else’s house is a second degree felony.  It has a range of punishment of 2-20 years confinement and up to a $10,000 fine.  Theft is a crime of moral turpitude, and burglary fits in that category.  

Double jeopardy does not preclude prosecution for burglary following a family violence incident for which the defendant was also found in contempt for violating a protective order.  Also, an indictment for burglary should allege a culpable mental state.  In an indictment for burglary the allegation of the required particular intent suffices also to allege the more general culpable mental state.  
An indictment for burglary that alleges that the act was done without the effective consent of the owner need not specify which of the subsections of the definition of “owner” is being relied upon.