utah-burglary-attorney-david-laurence-altman-st-george-burglary-lawyer_2While burglary is commonly thought to be the entering or breaking into a building or residence to steal money or other personal property, a burglary is committed simply by entering into or remaining in a building or residence with the intent to commit a crime. And that crime does not have to involve theft; any felony along with certain misdemeanor offenses such as assault, voyeurism, lewdness and battery will support a burglary conviction. In fact once the entering has occurred, it is not even necessary to commit a crime so long as an intent to commit a crime existed at the time.

Burglary is a 3rd degree felony with punishment of up to five years in prison and a $5,000.00 fine. If the burglary occurs at a home or private residence it automatically becomes a 2nd degree felony with penalties of one to five years in prison and a fine up to $10,000.00. When the burglary involves injury to a victim or the use or threat of use of a dangerous weapon, the offender will be charged with aggravated burglary, a 1st degree felony with punishment of five years to life and a $10,000.00 fine


76-6-202.   Burglary.

            (1) An actor is guilty of burglary who enters or remains unlawfully in a building or any portion of a building with intent to commit:
            (a) a felony;
            (b) theft;
            (c) an assault on any person;
            (d) lewdness, a violation of Section 76-9-702;
            (e) sexual battery, a violation of Section 76-9-702.1;
            (f) lewdness involving a child, in violation of Section 76-9-702.5; or
            (g) voyeurism under Section 76-9-702.7.
            (2) Burglary is a third degree felony unless it was committed in a dwelling, in which event it is a second degree felony.
            (3) A violation of this section is a separate offense from any of the offenses listed in Subsections (1)(a) through (g), and which may be committed by the actor while in the building.

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