Question | Answer |
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 |