Breaking and Entering Law Oregon
In the state of Oregon, breaking and entering law is clubbed with the crime of burglary, since burglary naturally entails illegal entry into a building. In Oregon, breaking and entering law only holds legal ground if it can be proven that the individual committed a crime while on the premises, or had the intention to do so.
Punishment for Breaking and Entering in Oregon
Breaking and entering laws in the state of Oregon depends on various factors, such as the individual facts of your case and your intentions in doing the deed. Largely defined, breaking and entering law defines the act as entering or remaining within a building illegally, with a view of committing a crime when inside. The punishment for breaking and entering in Oregon includes the following:
- Burglary in the Second Degree: If an individual break into a building illegally and commit the crime of burglary, then they will be charged with Second Degree Burglary, which is also a Class C Felony. This crime carries prison time of up to 5 years, along with a maximum fine of up to $125,000.
- Burglary in the First Degree: An individual charged with breaking into a home illegally, along with armed and deadly possessions on their person will be charged with First Degree Felony. This crime is a Class Felony, and includes the following aspects:
2. Causing or attempting to cause injury to another person.
3. Using or threatening to use a dangerous weapon.
A Class A Felony can carry maximum prison time of up to 20 years, along with fines of up to $375,000.
- Possession of Burglary Tools: Certain tools that are used by people to enter a premise illegally, according to breaking and entering law of Oregon. These tools include lock breakers, burning through concrete or steel, and using other such tools which entail the destruction of secure fasteners. If the individual in question or an accomplice uses such tools, then they could face a Class A Misdemeanor, which could result in prison time of up to a year, along with up to $6250 in fines.
Defenses of Breaking and Entering Law
According to the breaking and entering laws of Oregon, the individual convicted of the crime has a chance to prove their innocence in court. Common defenses in the state include the following:
- Consent to be on the property: One of the most common defenses with regard to breaking and entering is that the individual or people in question had ample permission to be on the property, and their arrest was a mistake. However, in order to prove the truth, the individual will have to prove that the owner of the property knew about their entry into the property. This includes a statement by the owner of the property or a representative of the owner, saying that they were aware of the entry of the alleged trespassers.
- Believing that the property was deserted: The individual convicted of breaking and entering can defend themselves by stating that they believed that the property was empty at the time of entering it. Entering an abandoned premise for the purpose of collecting valuable artifacts is not regarded to be a crime. However, if the individual has entered the property for the purposes of purloining ancient valuables and artifacts, then they will obviously be convicted for the crime of burglary.
An intent of committing burglary is paramount when charged with criminal trespass and breaking and entering in the state of Oregon. If the factor of criminal trespass cannot be proven, then the individual may be convicted of larceny or theft.
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