Common Law Burglary Essay

In the state of Massachusetts, Common Law Burglary is defined as “the breaking and entering into the dwelling of another at night with the intent to commit a felony”. It’s very important to note that in order for a crime to be considered as burglary, it is necessary for it to take place at night. Another important factor involved in a burglary is that usually the owner of the establishment is not present during the time at which this crime is taking place. Most states share the same elements of what a burglary includes, which are: “unauthorized breaking and entering, into a building or structure, with the intent to commit a crime inside. All three of these elements need to be very evident in court in order to convict someone of burglary. Burglary is one of the more serious crimes and is usually charged as a felony. The penalties for being charged with burglary are up to 20 years if no one was present at the time of the crime and
So, we can already note the main difference between Common Law Burglary and Modern Burglary. Common Law Burglary required it to be night time and it also makes a lot of references to breaking and entering. Also, common law pertained mostly to an individual’s’ home. Modern Burglary includes any type of establishment at any time throughout the day. Also, instead of using the term breaking and entering, in Modern Burglary, we see more “unlawful or unauthorized entry”. There are four distinct changes when we look at the difference between Common Law and Modern Burglary. They are: “Elimination of breaking requirement, expansion of dwelling requirement, elimination of nighttime requirement, expansion of intent.” Although these changes have been made, states will still refer to Common Law Burglary in order to provide aggravating factors to the