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James v. United States, 550 U.S. 192 (2007), is a decision by the Supreme Court of the United States that held that attempted burglary could serve as a predicate felony under the federal Armed Career Criminal Act (ACCA), which provided that a person convicted of being a felon in possession of a firearm with three prior convictions for either serious drug offenses or violent felonies must be ...
Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires that the accused be in a dwelling and armed with a weapon or have intent to cause injury. [40] A related offense, criminal trespass, covers unlawful entry to buildings or premises without the intent to commit a crime, and is a misdemeanor or ...
In most common law jurisdictions, an element of a crime is one of a set of facts that must all be proven to convict a defendant of a crime. Before a court finds a defendant guilty of a criminal offense, the prosecution must present evidence that, even when opposed by any evidence the defense may choose, is credible and sufficient to prove beyond a reasonable doubt that the defendant committed ...
Dudley, 32, pleaded no contest to attempted burglary of an occupied dwelling and criminal mischief (police estimated he did about $500 of damage to the fence on his way to the house).
In English law, offenders who commit burglary while carrying a weapon can be convicted of the offence of aggravated burglary even if the weapon is not actually brandished or used. In Canada, section 348 of the Criminal Code provides that home invasion can be considered an aggravating circumstance in cases of Breaking and entering to steal firearm
37-year-old Dale Ford pleaded guilty the day before his trial, according to the solicitor’s office.
Judd said both burglary and battery charges are felonies. Polk County Sheriff Grady Judd said 14-year-old Phillip Sutton IV (left) was arrested for burglary and battery after the incident at 59 ...
Criminal law is distinguishable from tort law or contract law, for example, in that society as a whole is theoretically damaged. Beyond the particular victims, society as a whole is responsible for the case and in the event of a conviction, carrying out a sentence. Social harm is that part of the crime to be avoided.