What Wisconsin Criminal Law Says About Burglary and Breaking and Entering

What Wisconsin Criminal Law Says About Burglary and Breaking and Entering

Burglaries and breaking and entering are serious offenses under Wisconsin criminal law. Understanding the legal framework surrounding these crimes is crucial for anyone residing in or passing through the state. Both actions involve unlawful entry into a structure, but they have distinct definitions and consequences under Wisconsin statutes.

Definition of Burglary in Wisconsin

Under Wisconsin Statutes § 943.10, burglary is defined as entering a building or dwelling without the consent of the owner with the intent to commit a crime inside. This means that if someone enters a residence or any structure intending to commit theft, assault, or another crime, they could be charged with burglary.

Burglary in Wisconsin can be classified into two degrees:

  • Burglary in the first degree: This charge is typically reserved for cases where the offender is armed with a dangerous weapon, or the entry involves a residence.
  • Burglary in the second degree: This charge applies when a person commits burglary without a weapon and does not enter a home.

The penalties for burglary can be severe. First-degree burglary is considered a Class B felony, potentially resulting in a prison sentence of up to 60 years, while second-degree burglary is a Class D felony, which can lead to up to 25 years of imprisonment. The exact penalties can depend on various factors, including the offender's prior criminal history and specific circumstances of the crime.

Breaking and Entering Explained

Breaking and entering is addressed in Wisconsin under § 943.11. This offense occurs when a person enters a building or dwelling that is locked, fenced, or otherwise secured without the owner's consent. The uniqueness of this crime lies in the fact that someone can be charged even if they do not intend to commit another crime once inside.

While breaking and entering does not necessarily imply theft, it is often treated similarly in legal proceedings. The act of simply entering unlawfully can lead to serious legal consequences, particularly if the intent to commit another crime can be proven.

In Wisconsin, breaking and entering is generally classified as a Class I felony, which carries a penalty of up to 3.5 years in prison and potential fines of up to $10,000. However, the offense may be elevated if the breaking and entering leads to other charges, such as theft or assault.

Defenses Against Burglary and Breaking and Entering

When facing charges of burglary or breaking and entering in Wisconsin, it is essential to note that certain defenses can be employed. These may include:

  • Lack of intent: If the defendant can demonstrate they did not intend to commit a crime upon entering the premises, it can be a strong defense against burglary charges.
  • Consent: Proving that the property owner permitted entry can disprove any allegations of unlawful entry.
  • Mistaken belief: If an individual mistakenly believed they were allowed to enter the property, this can also be a potential defense.

Conclusion

Wisconsin criminal law takes burglary and breaking and entering seriously, with distinct definitions and significant penalties attached to each. Understanding the nuances of these laws is vital for prevention and defense. If charged with either offense, consulting with a qualified criminal defense attorney can provide guidance to navigate the complexities of the legal system.