Aggravated Burglary occurs when a person(s) uses force or deception to trespass onto another’s home or property with the intent to harm. The elements of Aggravated Burglary are as follows:
- By stealth, force, or deception
- Trespass
- In an occupied structure, or
- In a separately secured or separately occupied portion of an occupied structure
- When another person (other than an accomplice) is present
- With the purpose to commit any criminal offense
- In the structure or in a separately secured or occupied portion of the structure, and
- The offender inflicts, or attempts or threatens to inflict physical harm on another, or
- The offender has a deadly weapon or dangerous ordnance on or about the offender’s person or under the offender’s control
An aggravated burglary conviction is a 1st degree felony which carries 3 – 11 years in prison and a fine of up to $20,000.
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