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If a person breaks into your house is that a felony?

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09/12/2011

well it depends on what country you are talking aboutin Brazil if someone breaks into your house it is felony for sure it is not a misdemeanor but if you are talking about Canada or the USA then the law might be different.

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CANADIAN LAW RE FELONY CHARGES

Crimes commonly considered to be felonies include, but are not limited to: aggravated assault and/or battery, arson, burglary, some instances of drug possession (dependent on the jurisdiction, often possession over a certain weight, based on the type of drug, is held to indicate intent to sell or distribute), embezzlement, grand theft, treason, espionage, racketeering, robbery, murder, rape, cannabis cultivation and fraud. A third offense for drinking and driving is also a felony in most states.

"The common law divided participants in a felony into four basic categories: (1) first-degree principals, those who actually committed the crime in question; (2) second-degree principals, aiders and abettors present at the scene of the crime; (3) accessories before the fact, aiders and abettors who helped the principal before the basic criminal event took place; and (4) accessories after the fact, persons who helped the principal after the basic criminal event took place. In the course of the 20th century, however, American jurisdictions eliminated the distinction among the first three categories."

U.S. FELONY CHARGES:

In the United States, felonies are also classified according to their seriousness, with a class 1 felony being the most serious and class 6 the least. The number of classifications and the corresponding crimes vary by state and are determined by the legislature. Usually, the legislature also determines the maximum punishment allowable for each felony class.

  • In the US it is only a felony if it can be proved that the perpetrator actually "broke in" with the specific intent to "commit a felony." If the door was unlocked, it is not a break in; if a burglary was not committed, it is not a felony, etc.