Burglary and Robbery

Question 1

BURGLARY 1st Degree

Answer 1

ELEMENTS:
Burglary - 1st degree
Entering a dwelling
1. without consent
2. with the intent to commit a crime therein AND
3. the defendant or codefendant, while entering, inside of in immediate flight from the dwelling (one of more of the following)
a. Is armed with deadly weapon or explosive
b. causes physical injury to non-participant
c. Uses or threatens use of dangerous instrument
d. Displays what appears to be knife or firearm
e. Has a prior record of TWO or more CONVICTIONS for burglary or housebreaking, or combo of both
f. Enters, remains in, or exits during the nighttime

COURT: GENERAL SESSIONS

Question 2

BURGLARY - 2nd DEGREE

Answer 2

ELEMENTS:

1. Enters a “dwelling”
   a. without consent
   b. with intent to commit a crime therein (no aggravating factors present)

OR

2. Enters a ‘building”
   a. without consent
   b. with intent to commit a crime therein AND
   c. person of another participant in effecting entry, while in the building, or while in immediate flight: (one or more of the following)
   
   1. is armed with a deadly weapon or explosive (either himself or co-defendant_
   2. causes physical injury to non-participant
   3. uses or threatens use of a dangerous instrument
   4. displays what appears to be a knife or firearm
   5. has prior record of TWO or more CONVICTIONS for housebreaking burglary, or combo of both
   6. enters, remains in, or exits during the nighttime

COURT: GENERAL SESSIONS

Question 3

BURGLARY - 3rd DEGREE

Answer 3

ELEMENTS:

1. enters a “building”
2. without consent and
3. with the intent to commit a crime therein (no aggravating factors)

COURT: GENERAL SESSIONS

Question 4

ROBBERY

Answer 4

ELEMENTS:
Considered to be a ‘common law’ crime.
Defined as: “Larceny from the person or the immediate presence thereof by force or intimidation.” Larceny is a lesser offense than the crime of robbery
1. Common Law Robbery
a. Larceny from the person or the immediate presence thereof
b. accomplished by the use of intimidation
2. Strong-arm Robbery
a. Larceny from the person or the immediate presence thereof
b. accomplished by the use of force
3. Armed Robbery
a. Larceny from the person or the immediate presence thereof
b. accomplished with a deadly weapon (pistol, dirk, slingshot, metal knuckles, razor, or others)

OR

a. Larceny from the person or the immediate presence of
b. accomplished by a person alleging, either by words or action, that he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon.

COURT: GENERAL SESSIONS