Based on the facts and circumstances surrounding the case, John Donogood can not be charged with First Degree Burglary. A comparison of the statute and the situation presented illustrates that not all elements of the crime are satisfied. As stated, Mr. Donogood broke and entered into Mrs. Smith’s garage without her consent and, therefore, elements (1), (2), and (3) are satisfied. However, because the garage was not attached to the house and it was not used for sleeping, it does not constitute a dwelling as defined by the statute; therefore, element (4) of the law is not satisfied. Additionally, no person was present inside the structure when the breaking and entering occurred and thus the “actually occupied” requirement is not met; for this
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A comparison of the statute and the situation presented illustrates that all elements of the crime are satisfied. As stated, Mr. Donogood broke and entered into Mrs. Smith’s house without her consent and, therefore, elements (1), (2), and (3) are satisfied. Although the door was unlocked, this still constitutes a breaking and entering under the statute. Although Mrs. Smith spent time away from the residence, her house is considered a “dwelling” since it contained her personal belongings and was used for sleeping; therefore, element (4) is satisfied. The dwelling was not legally possessed by Mr. Donogood which means that it belonged to another and, therefore, element (5) is satisfied. Additionally, Mrs. Smith was upstairs sleeping during the incident, which means that the dwelling was “actually occupied” and, therefore, element (6) is satisfied. Furthermore, Mr. Donogood committed the offense at night and, therefore, element (7) is satisfied. Finally, Mr. Donogood intended to commit larceny upon breaking and entering into the dwelling and, therefore, element (8) is satisfied. Consequently, because all the elements of the crime are satisfied, Mr. Donogood can be charged with First Degree …show more content…
Based on the facts and circumstances surrounding the case, John Donogood can be charged with First Degree Burglary. A comparison of the statute and the situation presented illustrates that all elements of the crime are satisfied. As stated, Mr. Donogood broke and entered into Mrs. Smith’s house without her consent and, therefore, elements (1), (2), and (3) are satisfied. Though Mr. Donogood broke and entered into the storage room through an outside door, the storage room was attached to the bedroom. For this reason, the storage room is part of the dwelling and, therefore, element (4) is satisfied. The dwelling was not legally possessed by Mr. Donogood which means that it belonged to another and, therefore, element (5) is satisfied. Additionally, Mrs. Smith was present in her bedroom during the incident which means that the dwelling was “actually occupied” and, therefore, element (6) is satisfied. Furthermore, Mr. Donogood committed the offense at night and, therefore, element (7) is satisfied. Finally, Mr. Donogood intended to commit larceny upon breaking and entering into the dwelling and, therefore, element (8) is satisfied. Consequently, because all the elements of the crime are satisfied, Mr. Donogood can be charged with First Degree
A comparison of the statute and the situation presented illustrates that all elements of the crime are satisfied. As stated, Mr. Donogood broke and entered into Mrs. Smith’s house without her consent and, therefore, elements (1), (2), and (3) are satisfied. Although the door was unlocked, this still constitutes a breaking and entering under the statute. Although Mrs. Smith spent time away from the residence, her house is considered a “dwelling” since it contained her personal belongings and was used for sleeping; therefore, element (4) is satisfied. The dwelling was not legally possessed by Mr. Donogood which means that it belonged to another and, therefore, element (5) is satisfied. Additionally, Mrs. Smith was upstairs sleeping during the incident, which means that the dwelling was “actually occupied” and, therefore, element (6) is satisfied. Furthermore, Mr. Donogood committed the offense at night and, therefore, element (7) is satisfied. Finally, Mr. Donogood intended to commit larceny upon breaking and entering into the dwelling and, therefore, element (8) is satisfied. Consequently, because all the elements of the crime are satisfied, Mr. Donogood can be charged with First Degree …show more content…
Based on the facts and circumstances surrounding the case, John Donogood can be charged with First Degree Burglary. A comparison of the statute and the situation presented illustrates that all elements of the crime are satisfied. As stated, Mr. Donogood broke and entered into Mrs. Smith’s house without her consent and, therefore, elements (1), (2), and (3) are satisfied. Though Mr. Donogood broke and entered into the storage room through an outside door, the storage room was attached to the bedroom. For this reason, the storage room is part of the dwelling and, therefore, element (4) is satisfied. The dwelling was not legally possessed by Mr. Donogood which means that it belonged to another and, therefore, element (5) is satisfied. Additionally, Mrs. Smith was present in her bedroom during the incident which means that the dwelling was “actually occupied” and, therefore, element (6) is satisfied. Furthermore, Mr. Donogood committed the offense at night and, therefore, element (7) is satisfied. Finally, Mr. Donogood intended to commit larceny upon breaking and entering into the dwelling and, therefore, element (8) is satisfied. Consequently, because all the elements of the crime are satisfied, Mr. Donogood can be charged with First Degree