Although often treated as the same thing as theft and robbery, burglary is in truth neither. Burglary is its offense and doesn’t need to be accompanied by others to be classed as a crime. Burglary, at its base level, is simply the act of illegally entering a dwelling to commit another crime. That other crime could be theft or robbery, but it is not limited to those two; Utah code states that anyone who illegally enters a building (be it a dwelling or a business) with the intent to commit a felony – such as theft, an assault, lewdness, sexual battery, lewdness involving a child, or voyeurism – is guilty of burglary.
If a burglary is committed inside a dwelling, meaning a house, apartment, flat, or any other location where a person is living, burglary is a second-degree felony. If the burglary is committed at another location, such as a business or a vehicle, for example, then the offense is a third-degree felony.
Aggravated burglary is a first-degree felony, and according to Utah law, a charge of aggravated burglary is made when the actor “causes bodily injury to any person who is not a participant of the crime, uses or threatens the immediate use of a dangerous weapon against any person who is not a participant of the crime, or possesses or attempts to use any explosive or dangerous weapon” (76-6-203). A first-degree felony charge will bring with it thousands of dollars in fines and years in prison.
Facing a burglary or aggravated burglary charge is a frightening thing. If convicted, the conviction will remain readily apparent on your records for years to come, because the offense is a felony. Your professional life could be a stake if you are charged with burglary, and even other aspects of your life, such as housing and schooling, will also be affected by a felony conviction.
However much you may feel so, you are not alone in this fight. We at the Ault Firm have years of experience in criminal defense cases, and we can help you overcome whatever obstacles are in the way of proving your innocence. Contact us today so that we can begin fighting for your rights now.