“Burglary” is the breaking and entering of a dwelling house (where someone lives) with the intent to commit a crime inside.  Sounds simple, right?  It’s not.  There are enough permutations of the crime of burglary to keep you and your criminal lawyer guessing for months.  Here are some of the common issues with burglary:

• “breaking and entering” can be an outer door or an inner door of the dwelling, still burglary
• you can either break in, or break out, still burglary
• does not matter if it was day or night, still burglary
• does not matter whether you had a deadly weapon or not, still burglary
• does not matter if anyone is home or not, still burglary
• does not matter if it is the house itself, or an attached garage or shed, still burglary
• does not matter what crime the prosecution is saying you intended to commit (usually it is theft or grand larceny, but it could be arson, vandalism, or assault against another person), or if the crime is or was a felony or misdemeanor, still burglary

Burglary of a dwelling carries a punishment of imprisonment of not less than three years nor more than 25 years in the penitentiary, and the usual fines, etc., with some variations. 

While we’re on burglary, let’s go ahead and discuss some other burglary-related crimes.  Under section 97-17-33 of the Mississippi Code Annotated, it is a crime to break and enter into any shop, store, booth, tent, warehouse, other building or private room or office, water vessel, commercial or pleasure craft, ship, steamboat, flatboat, railroad car, AUTOMOBILE (very common), truck or trailer, with the intent to steal anything or commit a felony inside.  Burglarizing any of these places carries a punishment of up to seven years in the penitentiary.  If you burglarize a church or other established place of worship the punishment doubles to up to 14 years.

If you get caught with “burglar’s tools,” you can be punished by incarceration up to five years in the penitentiary, and if you try to burglarize something using some type of explosive (nitro, C-4, dynamite, gunpowder), then your possible punishment will be explosive as well: not less than five nor more than 40 years in jail.

You may have figured out by now that the crime of burglary occurs when you “enter” something.  You must also enter with the right state of mind (your “intent”).  The prosecution may be able to show that you were there, but can they show when?  And can they show why?  Burglary is not a charge you can handle by yourself, and these are things that you will need to discuss with competent legal counsel.  If you are charged with burglary in Mississippi, give me a call at 601-991-1099.  I am here to help.

Shortly after 10 a.m. today, a man with a red bandanna and hair net across his face entered the Citizens Bank branch in Forest, Mississippi, east of Jackson, and pointed a pistol at a teller.  The man had enough foresight to bring his own bag, and the teller filled it with money.  The man left the bank on foot, and police found the hair net on a trail in the woods behind the bank.  After running dogs through the woods, the police failed to apprehend the suspect.  They think he lives close to the bank due to his ability to slip through the area so easily.

Bank robbery has been classified as a federal crime since 1934.  It is defined as:

the taking or attempted taking of anything of value from a person or presence of another by the use of force and violence or intimidation when the property is insured by Federal Deposit Insurance Corporation and is the property of any bank, credit union or any savings and loan association that is a member bank of the Federal Reserve System or organized or operating under the laws of the United States.

I had a bank robbery case in federal court last year, and I’m likely to have another one soon.  Bank robbery is on the rise lately, according to the FBI.  These cases are always challenging.   Trying a case in federal court is very different than trying a case in state court, and the same attorney that did the closing on your house is probably not the right attorney for your case in federal court.

Federal criminal law is a specialized field that requires knowledge of federal rules of evidence, procedure, and the sentencing guidelines.  The sentences tend to be stiff, and convictions can result in imprisonment, restitution, large fines, community service, probation, and parole, among other things.  There are other nuances to federal criminal law and procedure, so if you find yourself in a tangle with the feds, give me a call before you do anything else, and we’ll get you through it.

If you or a family member have been arrested, or are under investigation for Bank Robbery in the state of Mississippi and you need help, give me a call at 601-991-1099. If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.

Or you can e-mail me at clarence@guthriefirm.com.