In the realm of criminal law, the concept of burglary covers various forms of unlawful entries with criminal intent. One such variation that often arises in police reports and legal discussions is ‘burglary attempted forcible entry.’ This term specifically refers to a situation in which a person tries to break into a property with the intention to commit a crime inside, such as theft, but does not actually gain access. Understanding this offense involves looking at the legal definitions, the intent involved, and the potential consequences for someone charged with such an act.
Understanding Attempted Forcible Entry
Definition of Burglary
Burglary is typically defined as the unlawful entry into a building or structure with the intent to commit a felony or theft inside. In many jurisdictions, burglary does not require the completion of the intended crime. It is the entry with criminal intent that constitutes the offense. When the entry is not completed, but there is clear evidence of an attempt, the act may still be classified as an attempted burglary.
What is Forcible Entry?
Forcible entry refers to entering a property using physical force, or by breaking locks, windows, doors, or other barriers. It contrasts with unlawful entry without force, such as trespassing through an unlocked door. When someone uses tools, physical strength, or other means to breach a locked or secured property, it is classified as forcible entry even if the person is unsuccessful in gaining entry.
When Does It Become an Attempt?
An attempted forcible entry becomes a criminal offense when the individual takes a substantial step toward breaking into a property with clear criminal intent but fails to enter. The prosecution must demonstrate both the intent to commit burglary and an overt act toward completing the entry. This could include actions such as:
- Trying to pry open a door or window with a crowbar
- Breaking a lock but fleeing before entry
- Being caught on surveillance trying to force entry
- Leaving behind tools or evidence of tampering at the scene
Legal Elements of Attempted Burglary with Forcible Entry
Intent to Commit a Crime
Intent is a central element in all burglary cases. In the context of attempted forcible entry, the prosecution must show that the defendant intended to commit a crime inside the building. It is not enough to prove the person was near the property or acting suspiciously. There must be clear evidence that the suspect’s actions were not accidental or misinterpreted.
Substantial Step Taken
The individual must have taken a direct action toward completing the burglary. This ‘substantial step’ doctrine prevents people from being prosecuted based only on thoughts or plans. Examples include breaking a window, damaging a lock, or attempting to disable an alarm system. Courts often look for physical damage or the use of burglary tools as signs of a substantial step.
Lack of Entry
The distinction between completed burglary and attempted burglary lies in whether the person actually entered the structure. Even partial entry, such as reaching a hand through a broken window, can sometimes qualify as full entry under burglary laws. However, in cases where no part of the body crosses the threshold, the offense is classified as an attempt.
Penalties and Legal Consequences
Criminal Charges
Attempted burglary with forcible entry is typically charged as a felony in most states. However, the exact classification may vary based on the state law, the nature of the intended crime, the type of property targeted (residential or commercial), and whether the individual has a prior criminal record.
Potential Sentences
Those convicted of attempted burglary involving forcible entry may face penalties such as:
- Several years in prison or jail, depending on the severity of the offense
- Significant fines and restitution to property owners
- Probation or community service in certain cases
- A permanent criminal record, which may affect employment and housing opportunities
Aggravating Factors
Some circumstances may lead to harsher penalties, such as:
- Attempted entry into a residence rather than a commercial property
- Use of weapons or threats of violence
- Repeat offenses or existing criminal history
- Presence of children or vulnerable individuals at the property
Defenses to Attempted Forcible Entry
Lack of Intent
One of the most common defenses is that the defendant did not have the required intent to commit a crime inside the property. The defense might argue that the person was loitering or acting suspiciously without criminal purpose, or that they were misidentified.
No Substantial Step
The defense may argue that the defendant did not take a direct action toward breaking in. For example, if someone was merely found near a building with no tools or evidence of tampering, the court may decide there was insufficient action to constitute an attempt.
Permission or Mistake
In rare cases, a suspect might claim they believed they had permission to enter the building or that they approached the wrong location by mistake. While these defenses are harder to prove, they could create reasonable doubt in the minds of jurors or a judge.
Role of Law Enforcement and Surveillance
Evidence Collection
Police investigations into attempted burglary often rely on physical evidence such as damaged locks, fingerprints, footprints, or tools left behind. Surveillance footage has become an increasingly critical part of proving forcible entry, especially when the suspect flees before completing the act.
Eyewitness Testimony
Statements from neighbors, homeowners, or bystanders can also play a crucial role in attempted burglary cases. These witnesses may observe suspicious behavior, provide a timeline of events, or identify the suspect from a lineup or video footage.
Preventing Burglary Attempts
Home and Business Security
Property owners can reduce the risk of attempted burglary by investing in security measures such as:
- Alarm systems with motion detectors
- Reinforced doors and windows
- Security cameras with night vision
- Proper lighting around entrances and exits
Community Awareness
Neighborhood watch programs and community vigilance can help prevent burglary attempts. Sharing suspicious activity with local authorities and neighbors may deter would-be intruders.
Burglary attempted forcible entry is a serious criminal offense, even if the suspect does not succeed in entering the property. The combination of intent and action without actual entry can still lead to arrest, prosecution, and penalties under the law. Understanding the legal definitions, potential defenses, and consequences is essential for anyone involved in or affected by such an incident. Law enforcement, property owners, and community members all play a role in addressing and preventing these crimes.