In many states, the act of breaking into the home of an individual can be classified as a regular burglary or as an aggravated burglary. As you probably already guessed, an aggravated burglary charge is more serious than a regular burglarly. As a result, those accused of aggravated burglary tend to face harsher penalties.
Understanding Aggravated Burglary
Not every state in this country possesses a penal code when it comes to aggravated burglary. The states that have penal codes that designate offenses for aggravated burglary include Wyoming, Utah, Montana, Arkansas, Louisiana, Kansas, Ohio, New Mexico, and Tennessee. On the other hand, the rest of the states may not have a specific charge for aggravated burglary, but these states often still authorize certain burglaries to induce harsher punishments due to aggravating circumstances.
Aggravated burglary is the same as a regular burglary, except for one key difference. The aggravated burglary will involve an aggravating circumstance.
All of the states that have aggravated burglary charges consider the threatened use or the actual use of a weapon as an aggravating circumstance. Of course, the stipulations vary state by state. Some states will require evidence that the criminal intended to commit a bad act. For example, if an individual breaks into a home with the intent to steal or sexually assault someone, this is enough for the individual to charged with aggravated burglary. The individual does not need to succeed in conducting the sexual assault.
Aggravated Burglary Punishments
Usually, the punishments for aggravated burglary are more severe than the punishments for simple burglary. For example, an individual in Louisiana who is charged with simple burglary may face up to 12 years in prison. The individual may or may not be sentenced to hard labor. On the other hand, an individual who is charged with aggravated burglary will face hard labor for a duration no shorter than year but up to 30 years. In some states, defendants can face life sentences for aggravated burglary conditions. Depending on the sentencing guidelines of the state, the sentence can double or even triple.
Aggravated findings can increase the possibilities of punishment for an aggravated burglary. There are also other penalties for aggravated findings. For example, offenders who are charged with aggravated burglary face different rules under parole laws. Before an offender is eligible for parole, they must serve more time if they were charged with aggravated burglary. Also, a defendant who intended to commit a sexual assault may have to register themselves as a sex offender. The consequences of aggravated burglary charges can be long-term and serious.
Handling an Aggravated Burglary Charge
As a homeowner, it is important to understand the difference between regular burglary and aggravated burglary. You should become aware of the differences in tactics between the burglar who commits regular burglary and the individual who commits aggravated burglary. That way, you will be able to take the necessary precautions when it come to home security to protect your home and your family. The more you know about the nature of aggravated burglary, the more able you will be to protect yourself. The last thing you want is to be caught unprepared.
For more information about aggravated burglary, don’t hesitate to contact us here at Protect America. You can also reach out to us for a free quote.