Why Do Most State Jurisdictions Punish Burglary As a Felony?
If you’ve been convicted of a burglary, you’ve probably wondered why most state jurisdictions treat it as a felony. This classification reflects a longstanding principle of the U.S. Constitution: the home is a man’s castle. As such, it has a high degree of protection under the U.S. Constitution and is considered to be his most valuable possession. While the potential harm associated with a criminal’s actions makes it an appropriate offense to punish, the nature of the crime itself is a good reason to do so.
While predictability is desirable, it does not guarantee justice. While this gives the appearance of fairness, the fruits of the rule of law are waning. In this case, the arbitrary punishment of a nonviolent crime is a sign of the deteriorating quality of our society. The consequences of a wrongful conviction are often severe enough to make people feel unwelcome.
The definition of burglary is important, because it affects the penalties of a robbery. Whether it’s a residential burglary or a business robbery, the penalty is based on the type of property and the context of the crime. In a typical case, a felony conviction will result in a large fine and a lengthy prison sentence.
The robbery statutes were created with the archetypal criminal in mind. As such, penalties will be imposed based on the archetypical crime. For example, a burglary involving the use of a deadly weapon will be classified as a Class F felony while burglary involving a deadly weapon is a Class D felony. The robbery statutes will also vary based on the number of previous felony convictions by the defendant.
A common question is: Why do most state jurisdictions punish burglary as an aggravated felony? Most jurisdictions consider it a felony if it involves an armed robbery. The most common answer is that the crime violates a person’s rights in the home or business. If the robbery is committed by a trespasser, it is a felony.
The current legal system for burglary in the United States is based on common law. Its origins in the Middle Ages, burglary was considered a misdemeanor. Currently, it’s a felony in Tennessee, while a minor in Kentucky was charged with a misdemeanor. The American Law Institute argues that a thief’s intent is to steal property. In short, the criminalization of this crime has shaped our culture and laws for centuries.
While burglary is an illegal act that can be prosecuted as a felony in many states, it is not illegal in many states. In the U.S., it’s a felony in California. Most jurisdictions define a felony as a violation of a property law. In addition to being a thief, the crime of burglary also involves breaking into a house.