5 ms·

You may be confusing burglary with robbery.

• vorpalhex 4y ago
  > Burglary is a crime under both the common law and the model penal code. Exact definitions of burglary under the common law vary by jurisdiction though they all criminalize some form of illegally entering a building at night with the intent to commit a crime within. From https://www.law.cornell.edu/wex/burglary https://www.law.cornell.edu/wex/burglary Typically this means you've broken into a domicile (sometimes lesser charges of Burglary exist for non-domicile, eg a vacant commercial building). If you break into someone's home, at night, while it's occupied, the law presumes you intended to do violence. This presumption is usually correct!
  • ahtihn 4y ago
    > If you break into someone's home, at night, while it's occupied, the law presumes you intended to do violence. Well yes. But I explicitly said "no one's present". And it usually happens during the day where I live, because that's when people work.
  • josefx 4y ago
    This https://www.shouselaw.com/ca/defense/penal-code/459/ https://www.shouselaw.com/ca/defense/penal-code/459/ says that just entering a building with the intent to commit a crime counts as burglary even if no force was required.