Burglary (2024)

Having a crime happen to you or a loved one can be very upsetting and disruptive, and sometimes the effects may be felt for a long time after the crime occurs.

What is burglary?

Burglary occurs when a person enters a building or part of a building without permission in order to steal something or damage property.

In some circ*mstances, such as if the person is carrying a weapon during the burglary or enters the building when they know someone is inside, the burglary is considered more serious and the crime will be called an aggravated burglary.

In some cases, burglary can happen as part of a larger pattern of criminal behaviours such as:

There are a range of offences related to burglary. They include:

What can I do?

In Victoria, there are a range of services and agencies that assist victims of different crimes.

If you have experienced a burglary, you can:

Report the burglary to the police

If anyone is in immediate danger or a crime is currently occurring please call police on Triple Zero (000).

If there is no immediate danger, you can report to police by:

What will happen if a burglary is reported?

When a crime such as a burglary is reported to police, they can:

  • attend the scene (for non-urgent situations this may take some time)
  • secure the location (if that is appropriate), or provide advice on how to do so to make sure it is safe
  • collect evidence and investigate what happened
  • try to find the person who did the burglary and/or locate your missing property.

Evidence that may be needed

If your home has been broken into, it is best to report it to police as soon as you can and avoid disturbing the scene until they can tell you what to do next. This will allow police to gather as much evidence as possible.

The police may ask for your cooperation to gather evidence. This can include:

  • photographs and other evidence from the location at which the crime happened
  • a list of missing property describing the items.

Sometimes, if your possessions are recovered, they may be needed as evidence for the court case. The police will return them to you as soon as possible.

If someone is charged

If an accused person is found by the police, they may be charged and the justice process will start.

This website explains the justice process in Victoria. You can learn about:

Seek compensation or return of your property

The Victorian government does not provide financial assistance for property lost or damaged because of burglary.

You may be able to:

Claim insurance

If you have an insurance policy covering your property, you may be able to make a claim for the cost of replacing or repairing it. You may need a copy of the crime report from the police to do this. Contact your insurance company for more information.

Seek the return of your property or compensation directly from the offender

If a person is charged with taking your possessions and/or damaging your property, you may be able to apply for a court order to make the offender:

  • return your stolen possessions
  • pay you for what any lost, damaged or sold property is worth.

You can learn more about seeking compensation from an offender.

Learn more about protecting your property from burglary

You can take steps to make your property more secure and protect your possessions. Find out more from:

Let police know if you are going away for a while

If your home is going to be empty for an extended period, you can register with the police. Find out more on the Victoria Police website.

Deal with a neighbourhood dispute

Sometimes a dispute with neighbours may lead to the entry of someone onto your property without your permission. If you do not wish to deal with the situation by reporting to police, you may wish to consider dispute mediation. You can contact the Dispute Settlement Centre of Victoria for:

Understanding the traumatic effects of crime

Experiencing a burglary can be an upsetting and worrying experience. Everyone’s response is different, but it can be helpful to understand the common feelings and physical reactions peoplehave and what to expect.

On this website, you can learn more about:

Counselling and crisis support services

Lifeline

24-hour crisis support and suicide prevention services.

Open: 24 hours, every day
Call: 13 11 14
Website: lifeline.org.au

Mental health care plan – see your General Practitioner

If you need assistance, you can see a General Practitioner and discuss your situation. You may be eligible for a mental health care plan that will assist with the cost of counselling.

Other services

Victorian Legal Aid

Victoria Legal Aid’s (VLA) Legal Help service provides free general legal information over the phone and by chat online.

Open: 8am–6pm, every day
Call: 1800 677 402
Website: legalaid.vic.gov.au

Burglary (2024)

FAQs

What is the major difference between robbery and burglary? ›

The main difference between robbery and burglary is that burglary involves entering a structure with the intent to commit a theft or some other crime. Robbery does not necessarily involve entering a structure. Instead, robbery is the crime of stealing someone else's property by means of force or fear.

What is an example of burglary? ›

Burglary Examples

Kicking in a door to a home to steal the television. Entering a jewelry store to break the cases and take expensive watches, rings, or other valuables. Smashing the window of a car to steal a phone off the seat. Breaking into a RV to look for drugs.

What is the penalty for burglary in NY? ›

The maximum possible sentence is 25 years in prison. Because this crime is also a violent felony, the judge is required to impose a minimum sentence of 5 years. The actual length of your prison sentence will depend on factors such as your prior criminal record.

Is burglary a felony in California? ›

First-degree burglary is always a felony in California. First-degree burglary (which is burglary of a residence) is always a felony in California. Second-degree burglary (which pertains to any non-inhabited structures) is a wobbler, meaning it can be charged as either a misdemeanor or a felony.

What is the biggest difference between larceny and burglary? ›

The difference between larceny and burglary is that larceny is the act of theft or stealing. In contrast, burglary is the act of entering a structure (such as a home or a business) with the intent to commit a crime inside of it. Often times, that intended crime is larceny.

What is the key distinguishing point between burglary and home invasion robbery? ›

They differ from burglary in that there is a threat or use of force present. How is it possible, in some states, for one person to be convicted on two or three or even four counts of home invasion robbery if only one break-in occurred? Two, or three, or four people were present in the house at the time of the robbery.

Which is the most serious type of burglary? ›

Also, once any object enters a home, it's considered residential burglary. California considers residential burglary the most severe form of all burglaries, and a conviction carries up to six years in prison.

What is the punishment for burglary in the United States? ›

A conviction for a felony burglary offense typically carries a sentence of more than one year in state prison. Depending on the state and the circ*mstances of the case, a felony burglary conviction can result in 20 years or more in prison.

What is the common law of burglary? ›

The common law definition of burglary is the breaking and entering of someone else's dwelling at night with the intent to commit a felony therein. For the entry element to be satisfied, there must be either actual or constructive entry into the dwelling.

Is burglary a result crime? ›

One of the most critical elements of a burglary is the offender's intent to commit a crime inside the building. Usually, this crime is theft or petty theft. However, other crimes can also result in a burglary. Importantly, the offender's intended crime must exist separately from the break-in.

Is home invasion a felony in New York? ›

First degree burglary is a class B felony and may carry a prison sentence of up to 25 years. The New York penal code does note that a person may use the defense that their firearm wasn't loaded and therefore couldn't have been used to shoot anyone.

What are the elements of burglary in New York? ›

The following is a list of the minimum required crime elements for Burglary: ♦ Person knowingly enters or remains unlawfully (and) ♦ Building (and) ♦ Intent to commit crime therein. Is 'breaking and entering' into the building necessary? NO Opening an unlocked door or climbing through an open window is sufficient.

What is 459 vehicle burglary? ›

California Penal Code Section 459 provides a simple legal definition of auto burglary as follows: Anyone who enters any vehicle when the doors are locked with intent to commit grand or petit larceny or any felony is guilty of burglary.

What is a 211 police code? ›

The police officer dispatch code "211" refers to a potential robbery in progress, and is the police code that dispatchers use to inform patrol units that a robbery has been reported in a specified location.

What is defined as assault? ›

Assault can be loosely defined as a violent crime in which an individual or a group inflicts physical contact that causes bodily harm and/or injury to another individual.

Why do many burglars prefer burglary to other crimes such as robbery? ›

They prefer to use a weapon in their crimes. They want to avoid contact with others. Burglary gives them power over their victim. The penalties for robbery are less.

What is the major difference between a theft and a robbery quizlet? ›

Primary difference is that robbery involves the use of force or fear. Also the intent for robbery can also be to temporarily deprive the owner of their property whereas larceny is the intent to permanently deprive them.

What is the important evidence in a burglary? ›

Here are some types of evidence often used: Physical Evidence: This can include anything left at the crime scene. For example, tools used for burglary, fingerprints, or even footprints. This kind of evidence can tie a person directly to the crime.

What's the difference between a robbery and a heist? ›

While a robbery typically involves the use of force or threat against individuals to unlawfully take their property, a heist refers to a meticulously planned and often elaborate theft, especially targeting valuable items or large sums of money.

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