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It may also be an additional crime if a violent offense was committed with a deadly weapon or firearm. Such crimes are public order crimes and are considered mala prohibita, in that the possession of a weapon in and of itself is not evil. Rather, the potential for use in acts of unlawful violence creates a perceived need to control them.
Burglary and the intended crime, if carried out, are treated as separate offenses. Burglary is a felony, even when the intended crime is a misdemeanor, and the intent to commit the crime can occur when one "enters or remains unlawfully" in the building, expanding the common-law definition. It has three degrees.
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 ...
Aug. 29—A Somerville man and woman accused of burglary at a residence near Alabama 36 and Union Hill Road on Friday were detained at gunpoint by a neighbor who called for help, according to the ...
EVESHAM - A Cherry Hill teenager has been charged in connection with the burglary of a gun shop here. Police allege the youth, whose name was not released, joined three accomplices in breaking a ...
Corpus delicti (Latin for "body of the crime"; plural: corpora delicti), in Western law, is the principle that a crime must be proven to have occurred before a person could be convicted of having committed that crime. For example, a person cannot be tried for larceny unless it can be proven that property has been stolen.
A complaint document for the arrest alleges that Patel had entered and burglarized the motel, which was not open to the public at the time, with the intent to commit an offense armed with ...
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