Is burglary of a structure considered a violent crime or a property crime?

Answer 1

It is usually treated as such. In the U.S., most states have generally treated either burglary committed at night or of an inhabited dwelling or both as a serious felony, akin to a violent crime. In California, for example, burglary of any inhabited dwelling (including boats and trailers, with "inhabited" meaning currently used for habitation, whether occupied or not) is "first-degree burglary" and is punishable by two to six years in prison, whereas any other burglary (second-degree) is considered a "wobbler" (chargeable as either a misdemeanor or a felony, punishable by up to a year in jail or prison). Compare this to robbery, which is two to nine years in prison, depending on degree and circumstances. Residential burglary, like robbery, presents risks of violence to the victim (a struggle could result, a victim could be hurt or killed to silence them if they raise an alarm or call for help), and so it is generally treated as violent, as robbery likewise is even if violence is only threatened and not actually used.

In the Supreme Court case of James v. United States (2007), the Court ruled that "attempted burglary" is a violent felony for the purposes of the federal Armed Career Criminal Act, which mandates a 15-year prison term for a felon with three prior drug-related or violent felony convictions who is found in possession of a firearm.

Answer 2

Burglary of a habitat is burglary of any dwelling owned by someone other than yourself. Only if you get out with something that does not belong to you with the intentions of theft. It is a 2nd degree felony and if done at night is punishable by 20 to 99 years in prison. if done during the day is punishable by 2 to 20 years in prison. you wont get the max if its your first offense. i would know. i did it during the day and sat in county jail for 45 days. then they offered me 9 months to a year in state prison or 3 years of deffered probation. so there for if i violate probation ill be looking at 2 to 20 years is prison. its not worth it. burglary of a habitat is considered one of the worst crimes in america.

Answer 3

No, burglary is the crime of "Trespassing with the intent of committing a felony".

Trespassing is not a violent act, and the intent to commit a felony is not a violent act.

If someone were to be harmed during a break-in, the offender would be charged with other violent crimes, which may include, but are not limited to; battery, assault, and robbery (robbery would replace burglary as a charge).

Answer 4

It is a usually a "crime against property" as opposed to a "crime against persons." However, some states have exceptions to this in that they attach a higher penalty for the burglary of an occupied dwelling during nighttime.

Answer 5

It most likely would be written up as res. burglary. As long as no one was as said property. The charge can be reduced with a good lawyer involved.

Added: Burglary of an UNOCCUPIED residence is considered a crime against property. If the residence is occupied at the time of the offense, the offense is enhanced and becomes a crime against persons.