Is breaking and entering a felony


We don’t like anyone entering our property without any permission. Relatives are privileged to enter without any invitation, yet the law doesn’t give any breaking-in permission.

But is breaking and entering a felony? In some cases, it is. It depends on which state you are in and what las they follow. Let’s get into a deeper discussion to understand the matter. 

What are Breaking and Entering

Breaking and entering can be defined differently in the states you are in. But to simply put, when someone uses force to break any way into your property, that’s what breaking and entering.

In some states, even if you enter into someone’s house using the knob of the door, that’s a crime as well. But all the crimes are not felonies. 

Types of breaking in

As you already know, breaking in can be defined as literally breaking doors and windows also just pushing an unlocked door.

Also, someone doesn’t have to enter completely. Just entering the hand for any intention of criminal activity is enough. Even though there is a difference between felony and misdemeanor here.

Breaking in as Trespassing

When someone just comes into your house in your absence without any criminal intention, that is just trespassing. This is counted as a misdemeanor. However, there are charges against this type of behavior.

If someone enters into an inhibited building that the owner is not permitted, that’s just trespassing. But entering into religious places like the church is also a crime and you can get charged by authorities. 

Breaking in as Burglary 

If anyone enters the house at night or in the absence of the owner with intentions to steal or harm, that’s burglary. Also, that can be larceny if someone steals something that worths less than 500$. Breaking in with arms is considered a class 2 felony. 

What are the charges for Breaking and Entering

The punishment for breaking and entering can vary in states, but there are some standard rules. For any kind of burglary, the convicted may serve up to 20 years in prison.

But depending on the severity, the judge can also let you go for some social services. If you manage to convince the judge, there was no intention of harming or doing any felony.  

Yet, there are some fines you will have to pay if you are proven guilty of breaking and entering. 

  • If it is just a misdemeanor, no matter if it is at night time or during the day with the owner’s presence, it will be under misdemeanor charges. For that, the guilty have to serve 6 months in prison, and there is a chance of 200$ fine, according to states.
  • With the intention of any kind of felony, breaking in day or night in any state can punish you for 10 years in jail. If the burglar is armed with a weapon even though he hasn’t done anything must serve 5 years in prison. 
  • Breaking and entering with the intention of larceny can is punishable. The convict can be sentenced to 10 years in prison with a 1000$ fine. 


So what should you understand, is breaking and entering a felony? Yes, it is. Though there are some new rules for breaking and entering, some states have a B&E law too.

Yet, most states follow the traditional rules. So, it can quickly turn into a felony from a misdemeanor.

Meta: Is breaking and entering a felony? Will you get punished for that? And what are the charges for something like that? Get all the answers in brief. 

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