Wisconsin Burglary Defense Attorney
A fundamental distinction between misdemeanor theft or trespass and a burglary is entry into a "place". Under Wisconsin Statutes, the term "place" not only includes a residential or commercial building or dwelling, it also includes enclosed railway cars; enclosed portions of any ship or vessel; any locked portion of a truck or trailer; a motor home, any other motorized type of home, or a trailer home, whether or not a person is living in it; or any room within any of these structures.[1]
Accordingly, when an individual enters the room of another hotel guest, the office of another commercial tenant, a motor home/trailer, and the entry is unauthorized, the burglary statute applies. The statute also applies to entry into secured areas used for the transportation of commercial goods, such as a tractor-trailer or a ship. It is important to remember that it is not necessary for a "breaking and entering" to occur to trigger a burglary arrest, only that the entry is unauthorized.. For example, a burglary may be charged when an employee enters his employer's business, without authorization, to commit theft. What is obvious about burglary is that the person entering the "place" does not have "license", "privilege", or "authorization" to enter and that they are entering the "place" to commit another criminal offense, not necessarily limited to theft.
Under this analysis, an arrest for burglary cannot charged unless that state can show that the entry was with the intent to steal or commit a felony. In other words, the accused must have the intent to commit a separate offense after entering the "place". Further, it is not a burglary if a person enters the "place" when it is open to the public. However, that type of crime may be charged as a robbery under §943.32 Wis. Stats.
In Wisconsin, burglary is a Class E felony. The maximum penalty for a Class E felony is a maximum of 15 years imprisonment and/or a $50,000 fine. There are penalty enhancers that may increase the maximum sentence if a weapon or explosive is used, or if the person commits a battery on a person who is lawfully in the "place". A person may also be charged with possession of burglary tools under § 943.12 Wis. Stats. if they posses tools classified as capable of breaking into a depository, building, or room and there is intent that such devices will be used to break into a "place" to steal. That is a Class I felony, with a maximum imprisonment of 3 ½ years imprisonment and/or a $10,000 fine
Please do not hesitate to contact me, Roberta A. Heckes, if you or a loved one has been arrested or charged with a burglary, robbery, theft, or trespass. While burglary can have a factual basis, I find that this offense is often over-charged. I have had success in working with these types of charges when the entry was not into a defined "place"; there was no secondary purpose, i.e., theft or another felony; or there was permission to enter.
[1] See Wisconsin Statutes § 943.10. All references are to 2007-2008 edition of the Wisconsin Statutes, unless otherwise stated.
