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Legal Skills

Legal Skills 2011

Common Law Burglary BEtDONI: breaking and entering the dwelling of another in the nighttime with intent to commit a felony NO DEGREES
Breaking slightest force used to gain entry is constructive if entry is gained by fraud or trick can break INNER doors
Entering slightest penetration by the body CL instrument must be used in the felony CA instrument may be used for entry purposes only
Trespassory Contrary to the will and consent of the owner Includes entry by fraud or trick Lawful entry may become unlawful by breaking inner doors
Dwelling A place inhabited at least once by occupier, usually a place of sleep, or any building within the curtilage of the main house
of Another The dwelling must belong to someone other than the burglar
Nighttime 1 hour after sunset and before dawn 30 min after sunset and before dawn countenance rule: insufficient light to discern the countenance of a person, excluding artificial light and moonlight
Intent (Burglary) Intent must be before the B+E Burglary is complete upon entry
CA Burglary ESI: entry of a structure with intent to commit a grand or petit larceny or ANY felony 2 DEGREES
CA Burglary Degrees 1st is of an inhabited dwelling all others are of the second degree
Inhabited currently being used for dwelling purposes, occupied or not
Robbery FT.PP.PoA.P/IP.AW.F/F felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear
Fear of unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery
Immediate Presence sufficiently within his physical control that he could keep possession of it if not prevented by force or fear
Intent (robbery) to deprive the owner of the property permanently or remove it from the owner's possession that the owner would be deprived of major portion of the value or enjoyment of the property Must be present before F/F
Created by: mitchlmil