Unlawful Vs Illegal: Understanding The Law's Nuances

Unlawful entry and breaking the law are not the same things. Unlawful entry is a misdemeanor crime, similar to trespassing, and does not always involve breaking and entering. For instance, in Washington, DC, a person can be charged with unlawful entry if they enter or attempt to enter a building or property without permission or refuse to leave when asked by the lawful occupant. On the other hand, breaking the law refers to a wider range of illegal activities, including burglary, which typically involves breaking and entering a building or area with the intention of committing a further criminal offense.

Unlawful vs. Illegal

Unlawful and illegal are often used interchangeably, but there are nuances to their meanings that differentiate them.

Unlawful:

The term "unlawful" describes an action that is not allowed by law or an action that goes against the law. It can be used to describe something that is not legal in a particular jurisdiction or context. In other words, it is an act that violates a specific law, statute, or regulation.

For example, unlawful entry refers to entering a structure or property without the authority to do so or against the will of the lawful occupant. This is often associated with trespassing, where an individual enters or remains on someone else's property without permission. While unlawful entry may not always involve breaking and entering, it still constitutes a crime and can result in legal consequences.

Illegal:

The term "illegal" is broader and refers to anything that is contrary to or prohibited by law. It encompasses a wider range of actions or activities that are forbidden or not authorized by law. Illegal acts are typically more serious and carry more severe penalties than unlawful acts.

For example, burglary is considered illegal and involves trespassing with the intent to commit another crime, such as theft or felony. It often involves breaking and entering into a building or structure with the specific purpose of stealing or committing a different offence. Burglary is generally classified as a felony, which carries more severe penalties than a misdemeanour.

Key Differences:

While both terms relate to actions that go against the law, "unlawful" often implies a narrower scope, referring to a specific law or regulation that has been violated. On the other hand, "illegal" suggests a broader context, encompassing a wider range of prohibited actions or activities.

Additionally, unlawful acts may not always result in criminal charges, depending on the specific circumstances and the nature of the violation. In contrast, illegal acts are generally associated with criminal behaviour and are more likely to lead to criminal charges and more severe penalties.

Unlawful Entry vs. Burglary

The terms "unlawful" and "breaking the law" are interchangeable and refer to any action that goes against the law. Now, let's delve into the differences between unlawful entry and burglary:

Unlawful entry and burglary are distinct legal concepts with different implications, despite often being used interchangeably. Unlawful entry is similar to trespassing and is typically classified as a misdemeanour. It involves entering or attempting to enter a building or property without lawful authority or against the will of the lawful occupant. This includes cases where an individual enters legally but refuses to leave when asked by the occupant. Unlawful entry does not necessarily involve breaking anything and does not always require the use of force.

On the other hand, burglary is a more serious felony offence. It involves the illegal entry into a building or structure with the specific intent to commit a felony or theft. The key distinguishing factor between burglary and unlawful entry is the criminal intent beyond the unlawful entry. In other words, burglary involves an additional layer of criminal intent beyond just the unauthorised access.

The consequences of burglary are generally more severe than those of unlawful entry. Burglary can lead to felony charges, resulting in longer prison sentences and heftier fines. The severity increases when it involves residential properties or when an individual is present during the act, which can lead to aggravated burglary charges.

To summarise, unlawful entry is about unauthorised access, while burglary involves both unauthorised access and the intent to commit a crime. The presence of this criminal intent is what elevates unlawful entry to burglary.

Burglary Definitions

Burglary is a property crime involving the illegal entry into a building or other area without permission, usually with the intention of committing a further criminal offence. The offence is typically theft, larceny, robbery, or murder, but most jurisdictions include other offences within the ambit of burglary.

The FBI's Uniform Crime Reporting (UCR) Program defines burglary as the unlawful entry of a structure to commit a felony or theft. The UCR definition of "structure" includes an apartment, barn, house trailer, or houseboat when used as a permanent dwelling, office, railroad car (but not automobile), stable, or vessel (i.e., ship). The UCR Program has three subclassifications for burglary: forcible entry, unlawful entry where no force is used, and attempted forcible entry.

The common-law definition of burglary, as outlined by Sir Matthew Hale, is:

> The breaking and entering the house of another in the nighttime, with intent to commit a felony therein, whether the felony be actually committed or not.

Breaking can be actual, such as forcing open a door, or constructive, such as by fraud or threats. Physical damage is not required for breaking, and a person who has permission to enter part of a house but not another part commits a breaking and entering when they use any means to enter a room where they are not permitted, as long as the room was not open to enter.

Entering can involve either physical entry by a person or the insertion of an instrument to remove property. The insertion of a tool to gain entry may not constitute entering by itself. There must be a breaking and an entering for common-law burglary.

At common law, burglary was typically committed at night, defined as the hours between half an hour after sunset and half an hour before sunrise. However, this is no longer a requirement in most jurisdictions, and it may be considered an aggravating factor.

Most jurisdictions divide burglary into degrees or classes according to the seriousness of the crime. Aggravating factors include whether the structure is a dwelling, the presence of people, and whether the person entering is armed with a deadly weapon or explosives.

In the United States, burglary is prosecuted as a felony or misdemeanour and involves trespassing and theft, entering a building or automobile, or loitering unlawfully with intent to commit any crime, not necessarily a theft. Even if nothing is stolen in a burglary, the act is a statutory offence.

In Canada, breaking is prohibited by section 348 of the Criminal Code and is an indictable offence when committed in residence. Breaking and Entering is defined as breaking into a place with the intent to commit another indictable offence, including but not limited to theft.

In New Zealand, burglary is a statute offence under section 231 of the Crimes Act 1961. The definition of a building is very broad and covers all forms of dwelling, including an enclosed yard.

In Sweden, burglary does not exist as an offence in itself. Instead, there are two available offences: unlawful intrusion or breach of domiciliary peace, depending on the premise in question. If a person steals anything after forcing themselves into a house, they are guilty of theft.

Under Scots law, the crime of burglary does not exist. Instead, theft by housebreaking covers theft where the security of the building is overcome.

Burglary Punishments

The definition of burglary covers a broad range of conduct. Burglary is usually a felony, but it can be charged as a misdemeanour in certain situations.

Burglary is defined as unlawfully entering a building to commit a crime, often theft. However, unlawful entry onto a property to commit any crime, such as assault or arson, is also classed as burglary.

Burglary is a serious charge that can result in significant penalties, including jail or prison time, fines, restitution, probation, mandatory counselling, and rehabilitation programs. The punishment for burglary varies from state to state, but most burglary convictions carry a possible prison sentence.

In the US, burglary is a crime in every state, and the laws differ slightly in how they categorise burglaries. Many states divide burglary into degrees, with first-degree burglary involving homes and dwellings, and second-degree burglary involving commercial buildings. Burglaries of dwellings are usually punished more severely than burglaries of other structures.

The punishment for a felony burglary offence typically carries a sentence of more than one year in state prison and can result in 20 years or more in prison. A misdemeanour burglary conviction can be punished by up to a year in jail. Fines for felony burglary can be significant, amounting to $100,000 or more, while misdemeanour fines are usually less than $1,000.

The biggest factor in determining the punishment for a burglary is whether the conviction is for a misdemeanour or a felony. Misdemeanour burglary convictions may result in shorter sentences in jail (not prison) of up to one year and less severe fines or fees. Punishments for felony burglary can result in prison sentences of longer than one year and heavy criminal fines.

When determining a person's sentence for burglary, a judge will consider:

• Whether a weapon or violence was used in the crime (or threats of harm)
• The person's previous criminal record
• Whether they are repeat or habitual offenders of burglary
• The type of crime committed or intended to be committed on the property
• The value of the stolen property
• The type of building the burglary happened in (e.g. a home vs an abandoned building)
• The time of day the burglary happened (some states impose harsher penalties for nighttime burglary)
• The mental state of the defendant at the time of the burglary

Defenses to Unlawful Entry Charges

Unlawful entry is a criminal offence in Washington, DC, and is similar to the criminal offence of trespassing. To be charged with unlawful entry, an individual must have entered or attempted to enter a building or other property without the authority to do so or against the will of the lawful occupant.

• Lack of notice: If the government cannot prove that the defendant knew they were not permitted to be in a particular place, they cannot be convicted of unlawful entry.
• Lack of authority: The government must prove that the person who barred the defendant from a particular place had the lawful authority to do so. If they cannot prove this, the defendant cannot be convicted of unlawful entry.
• Validity of the barring order: The government must prove, beyond a reasonable doubt, that the underlying barring order was valid. For example, in the case of Winston v. United States, the defendant's conviction was overturned because the government could not prove that the defendant was not a guest of a resident at the time the barring order was issued.
• Insufficient evidence: The government must have sufficient evidence to prove that the defendant had been put on notice of the barring order. For example, in the case of Odumn v. United States, the conviction was overturned because the landlord could not prohibit a tenant from inviting people onto the property for lawful purposes.

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