Breaking and Entering a Dwelling House, Defined
Breaking and entering a dwelling house requires the following elements:
- Breaking the plane (this could be opening a door or window, regardless of whether or not the door or window was locked);
- Entering the dwelling (this could be walking through the front door, wiggling through a window, or entering via the chimney);
- During any time of the day or night;
- A home or apartment where someone lives (regardless of whether or not someone is home at the time); or
- An outbuilding;
- An attached garage; or
- A garage adjoining any dwelling house;
- Without consent of the resident of the home, building, or garage.
Penalties for Burglary and Breaking and Entering a Dwelling in Rhode Island
In Rhode Island, the penalty for burglary is generally not less than five years.
The penalty for unlawfully breaking and entering a dwelling house is imprisonment for not less than two years for a first offense. Second and subsequent offenses carry a four-year minimum of imprisonment.
Penalties for Breaking and Entering a Building or a Ship with Felonious Intent
If someone intends to commit any of the following:
When they enter a dwelling, they face imprisonment of not more than ten years.
Penalties for Breaking and Entering a Dwelling with Possession of Instruments Relating to Wrongful Setting of Fires
If one commits the acts detailed under the definition of breaking and entering a dwelling, and has in their possession instruments or equipment reasonably related to the wrongful setting of fires faces a higher punishment. (Of note, the statute exempts items such as lighters used for lighting cigarettes, cigars, etc.) The consequence for breaking and entering a dwelling with possession of instruments relating to wrongful setting of fires is imprisonment of not less than three years.
Penalties for Breaking and Entering a Dwelling when the Resident is on the Premises
If someone is present in the dwelling the punishment includes not less than 4 years in prison, if the resident is 60 years of age or older.
Penalties for Attempted Breaking and Entering in Rhode Island
The penalties for attempting to break and enter any structure, where the person fails to complete the crime, but is “on the curtilage (on the lawn or the steps) is punished just as if the crime had been committed.
If You Are Facing Burglary or Breaking and Entering Charges
If you are facing charges, you need an advocate on your side. Breaking and entering charges come with serious consequences. Attorney Kensley Barrett limits his practice to criminal defense cases. With this exclusive focus, Kensley Barrett has the experience you are looking for in a criminal defense attorney. Contact the office today to discuss your case.