Burglary is a very old criminal offense that was a very interesting and nuanced crime at common law, or in other words before the criminal code was written down by the legislature. At common law burglary was defined as the breaking and entering of the dwelling house of another at night with the intent to commit a felony. So at common law if you broke into someone’s house during the day it was not a burglary, and if you broke into their shed at night it was not a burglary, it had to be someone’s house at night. Today however the law is very different and the Utah legislature has made it a much more broad offense that does not have the night time or dwelling house distinction.
Utah’s Burglary Laws
Under Utah statute, burglary is defined as entering or remaining unlawfully in a building with the intent to commit a felony, theft, assault, sexual battery, voyeurism, or lewdness. Clearly this offense includes much more conduct then it did at common law and it is a very serious offense that is charged as a second degree felony if the building is someone’s home and a third degree felony if not. Furthermore, what makes this offense especially difficult is that it is charged separately from the felony, theft, assault, sexual battery, voyeurism, or lewdness that is an element of the offense. So most people will likely be facing two felonies when they are being charged with a burglary.
Ogden Criminal Defense Attorney | Burglary and Theft Crime Defense
As noted above burglary is a serious offense that could lead to very serious and difficult penalties. What this means for you, if you have been charged with burglary is that you need an attorney, otherwise you will likely end up unassumingly pleading your rights away or taking a deal that is not really in your best interest. By calling Ogden Criminal Defense you will be able to get detailed information as to the possibilities in your case and have your questions answered to help give you some more certainty in this matter. The attorneys at Ogden Criminal Defense are experienced criminal defenders that know how to get you the best outcome available and will work tirelessly to protect your rights so call us today.