burglary and theft
Burglary is defined, at least in legal terms, as the intentional, unauthorized entry into a building with the intent to commit a felony crime. In other words, burglary doesn't need to include break and enter, the individual could enter through an open door or window, but has to do so with the intent to commit another crime. Typically this crime is theft; however it could be arson or any other type of felony offense.
There are several factors that may be taken into consideration in the court during sentencing for burglary. One of the most important factors is if the burglary was done with a weapon or if any other crimes or offenses were committed during the break and enter. As with many felony offense if a weapon is used in the break and enter or if a person that is not part of the burglary is injured, hurt or killed during the burglary the penalties are much harsher and typically include only one option and that is significant jail time. Typically the age and prior criminal record of the accused will also be taken into consideration. In most areas and states even a first offense of this type of crime will result in a significant charge that typically will include jail time or a very lengthy and highly specified type of probation. In some situations an attorney may be able to get probation as an alternate charge or even have the charges reduced if there was some type of mitigating circumstance.