Definition of aggravated burglary

Written by brock cooper
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Definition of aggravated burglary
Aggravated burglary involves violence, implied violence or possession of a deadly weapon. (jail image by MLProject from Fotolia.com)

It is easy to be confused by the myriad of law terms that are used in courtrooms. Aggravated burglary is a felony and one of the most serious of the burglary complaints.

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Burglary

The definition of burglary is unlawfully entering a home or building for the purpose of taking items from the premises. This is separate from robbery, which is stealing something from a person's body.

Aggravated

In order for a burglary to be considered aggravated, a deadly weapon must be carried into the premises, but not necessarily used or bodily harm must be inflicted or threatened upon a resident of the home.

Significance

Adding aggravated to a burglary charge makes it an automatic felony and punishable by three to 15 years of jail time. It will also becomes a part of the person's permanent record, making it difficult for them to get a job or a bank loan.

Function

The function of adding aggravated to a burglary charge is to indicate the seriousness of the offence. The burden of proof may be more difficult on the prosecutors, but it also warrants additional jail time over a standard burglary charge.

Considerations

Aggravated burglary is a serious offence and will follow a person throughout their life. It may be in the person's best interest to seek a plea deal with the prosecutors to reduce it to a lesser charge in exchange for a guilty plea.

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