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        <title><![CDATA[Burglary - Law Office of Douglas D. Rudolph]]></title>
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        <link>https://www.rudolphdefense.com/blog/categories/burglary/</link>
        <description><![CDATA[Douglas D. Rudolph's Website]]></description>
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                <title><![CDATA[Are Penalties for Robbery Different Than Burglary in CT? Not Really]]></title>
                <link>https://www.rudolphdefense.com/blog/are-penalties-for-robbery-different-than-burglary-in-ct-not-really/</link>
                <guid isPermaLink="true">https://www.rudolphdefense.com/blog/are-penalties-for-robbery-different-than-burglary-in-ct-not-really/</guid>
                <dc:creator><![CDATA[Law Office of Douglas D. Rudolph]]></dc:creator>
                <pubDate>Thu, 26 Mar 2020 19:10:00 GMT</pubDate>
                
                    <category><![CDATA[Burglary]]></category>
                
                    <category><![CDATA[Robbery/Burglary]]></category>
                
                    <category><![CDATA[Theft Crimes]]></category>
                
                
                
                
                <description><![CDATA[<p>The question of what is burglary vs. robbery is one that is often asked by the uninitiated. It is easy to confuse the two and different states around the country often have different laws and definitions. Many view robberies as a far more severe crime than burglaries. While the state of Connecticut maintains different legal&hellip;</p>
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                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignright size-full"><img loading="lazy" decoding="async" width="300" height="217" src="/static/2022/07/thief-breaking-into-house.jpg" alt="Thief Breaking Into House" class="wp-image-77"/></figure></div>


<p>The question of what is burglary vs. robbery is one that is often asked by the uninitiated. It is easy to confuse the two and different states around the country often have different laws and definitions. Many view robberies as a far more severe crime than burglaries.</p>



<p>While the state of Connecticut maintains different legal definitions for <a href="/criminal-defense/violent-crimes/">robbery</a> and <a href="/criminal-defense/burglary-residential-burglary/">burglary</a>, on the other hand, the courts typically view them as nearly identical when it comes to sentencing.</p>



<p>This is why knowing the differences between these two crimes is imperative when you have been <a href="/blog/five-things-you-must-know-if-youre-arrested-in-connecticut/">arrested</a> for either of them.</p>



<h2 class="wp-block-heading" id="h-the-differences-between-ct-robbery-and-burglary">The Differences Between CT Robbery and Burglary</h2>



<p>In the state of Connecticut, the <a href="https://www.cga.ct.gov/current/pub/chap_952.htm#sec_53a-133" target="_blank" rel="noreferrer noopener">definition of robbery</a> is as follows:</p>



<p>“A person commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of:</p>



<ul class="wp-block-list"><li>Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or</li><li>Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.”</li></ul>



<p>So, according to this definition, a robbery occurs when there are victims present and violence or coercion is used against them.</p>



<p><a href="https://www.cga.ct.gov/2007/rpt/2007-R-0505.htm" target="_blank" rel="noreferrer noopener">Burglary in the state of Connecticut</a> is defined as:</p>



<p>“Burglary crimes involve entering either a building or a dwelling with intent to commit a crime. A “dwelling” is a building usually occupied by someone lodging there at night. A “building” is broadly defined to include in addition to its ordinary meaning, a watercraft, aircraft, trailer, sleeping car, railroad car, or other structure, vehicle, or building with a valid certificate of occupancy.</p>



<p>No mention of the building or dwelling being occupied at the time the crime is committed. As you can see according to Connecticut law, the primary difference between burglary and robbery? The presence of victims.</p>



<h2 class="wp-block-heading" id="h-all-ct-burglaries-and-robberies-classified-by-degree">All CT Burglaries and Robberies Classified by Degree</h2>



<p>Every robbery and burglary is classified under one of the same three levels, first-degree, second-degree, and third-degree crimes.</p>



<p>The <a href="https://www.cga.ct.gov/2012/rpt/2012-R-0134.htm" target="_blank" rel="noreferrer noopener">penalties</a> for these crimes are exactly the same at all three levels:</p>



<ul class="wp-block-list"><li>First-degree Robbery and Burglary – Class B Felony</li><li>Second-degree Robbery and Burglary – Class C Felony</li><li>Third-degree Robbery and Burglary – Class D Felony</li></ul>



<p>Only minor differences exist for aspects such as the use of a weapon during the commission of a burglary. The only thing that changes in these instances is an additional mandatory minimum sentencing.</p>



<h2 class="wp-block-heading" id="h-penalties-for-these-felony-theft-crimes-in-connecticut">Penalties for These Felony Theft Crimes in Connecticut</h2>



<p>The difference between each of the <a href="https://www.cga.ct.gov/2005/rpt/2005-r-0192.htm" target="_blank" rel="noreferrer noopener">felony classifications</a> lies in the severity of the punishment. As you would imagine, the lower the felony class, the less severe the punishment an offender will face.</p>



<p>An example of this is third-degree robbery vs. second-degree robbery. Third-degree robbery is a robbery without any extra factors attached to it.</p>



<p>The crime of second-degree robbery comes into play if a weapon is brandished or certain other criteria are met. Sentencing for each class is:</p>



<ul class="wp-block-list"><li>Class B Felony – 1 to 20 years in prison and a fine not to exceed $15,000</li><li>Class C Felony – 1 to 10 years in prison and a fine not to exceed $10,000</li><li>Class D Felony – 1 to 5 years in state prison and a fine not to exceed $5,000</li></ul>


<div class="wp-block-image">
<figure class="alignright size-full"><img loading="lazy" decoding="async" width="300" height="216" src="/static/2022/07/thief-with-handcuffs-1.jpg" alt="Thief With Handcuffs" class="wp-image-81"/></figure></div>


<p>Even though the punishment for robbery and burglary are similar at each level, defense for the two crimes may be different. It is important to consult with an experienced defense attorney who understands each crime and how to construct a proper defense.</p>



<p>Breaking into an empty home is something completely different from holding someone up for their wallet. The right attorney can make that case in a way that could help you escape maximum penalties — and often even conviction at all.</p>
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                <title><![CDATA[Will Surveillance Technology Lead to More CT Burglary Charges in 2020?]]></title>
                <link>https://www.rudolphdefense.com/blog/will-surveillance-technology-lead-to-more-ct-burglary-charges-in-2020/</link>
                <guid isPermaLink="true">https://www.rudolphdefense.com/blog/will-surveillance-technology-lead-to-more-ct-burglary-charges-in-2020/</guid>
                <dc:creator><![CDATA[Law Office of Douglas D. Rudolph]]></dc:creator>
                <pubDate>Fri, 07 Feb 2020 19:57:00 GMT</pubDate>
                
                    <category><![CDATA[Burglary]]></category>
                
                    <category><![CDATA[Theft Crimes]]></category>
                
                
                
                
                <description><![CDATA[<p>Technology continues to march forward in every industry, and that includes surveillance. 2020 will see new and interesting developments in how technology is used to keep people and their belongings safe. New kinds of surveillance should help the police curtail burglary, or at least be a catalyst to more burglary charges in Connecticut. These new&hellip;</p>
]]></description>
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<figure class="alignright size-full"><img loading="lazy" decoding="async" width="300" height="200" src="/static/2022/07/security-phone.jpg" alt="Disabling security with a phone" class="wp-image-214"/></figure></div>


<p>Technology continues to march forward in every industry, and that includes surveillance. 2020 will see new and interesting developments in how technology is used to keep people and their belongings safe.</p>



<p>New kinds of surveillance should help the police curtail burglary, or at least be a catalyst to more burglary charges in Connecticut.</p>



<p>These new technologies make use of cloud computing and crowdsourcing. In general, the current surveillance trend is to increase the number of cameras and increase connectivity. The more cameras present, the more likely a burglary is to be caught on video, after all.</p>



<h2 class="wp-block-heading" id="h-doorbell-cameras-store-evidence-in-the-cloud">Doorbell Cameras Store Evidence in the Cloud</h2>



<p>The first new technology to help keep track of crime is the doorbell camera. These cameras are made by a variety of companies, but they generally work the same way. They live on the doorframe of the entrance they’re guarding and use motion sensors to watch for people.</p>



<p>When the camera detects movement, it automatically turns on and either takes a picture or records video. The footage is then uploaded to the owner’s account via the internet. Even if the camera is destroyed or turned off, the data should be safe, and whoever tampered with it will be on film.</p>



<p>These doorbell cameras have already <a href="https://www.nbcnews.com/tech/security/amazon-developing-high-tech-surveillance-tools-eager-customer-america-s-n1038426" target="_blank" rel="noreferrer noopener">helped identify criminals</a>. They can also let absent homeowners call the police on potential burglars by alerting the owners to someone’s presence. It’s not particularly expensive to install these, either, so many homeowners are getting them.</p>



<p>Connecticut residents have found it much easier to press charges when there is visual evidence. This is why we believe these doorbell cameras can and likely will lead to more burglary charges. The evidence they provide can be invaluable to a case by connecting a face to a crime.</p>



<h2 class="wp-block-heading" id="h-home-security-systems-can-now-be-controlled-by-app">Home Security Systems Can Now Be Controlled by App</h2>



<p>Good home security systems are getting cheaper every day. Some use doorbell cameras, while others have a whole suite of cameras and sensors. Most store images and videos online for homeowners to review at their leisure.</p>



<p>The big technological advance with home security systems is the ability to <a href="https://www.usnews.com/home-security" target="_blank" rel="noreferrer noopener">integrate everything into an app</a>. A homeowner can control their cameras, their locks, and their alarms from their phone.</p>



<p>This makes it much more difficult for potential burglars to disconnect any surveillance. In turn, that makes it more likely for the owner to be able to press charges.</p>



<h2 class="wp-block-heading" id="h-drone-surveillance-is-a-new-law-enforcement-patrol-strategy">Drone Surveillance is a New Law Enforcement Patrol Strategy</h2>


<div class="wp-block-image">
<figure class="alignright size-full"><img loading="lazy" decoding="async" width="300" height="200" src="/static/2022/07/drone.jpg" alt="Drone" class="wp-image-215"/></figure></div>


<p>On a more official level, drones will likely become a part of police surveillance around the country. <a href="https://harvardnsj.org/2018/01/drones-as-crime-fighting-tools-in-2020-legal-and-normative-considerations/" target="_blank" rel="noreferrer noopener">Boston, in particular,</a> is already considering adding a fleet of 50 drones to their police surveillance strategy.</p>



<p>These drones are intended to follow suspects of drug crimes. Should these efforts prove successful, we believe it’s only a matter of time before the strategy is expanded.</p>



<p>Drones can follow people from an altitude high enough that they aren’t intrusive. They no longer need pilots, but can generally take care of their own flight.</p>



<p>If this drone idea becomes more common, drones could be assigned with a warrant to follow suspects for serial burglary cases, stalking, and more. This could lead to burglary charges if a suspect was accused and the footage of the crime reviewed.</p>



<h2 class="wp-block-heading" id="h-facial-recognition-software">Facial Recognition Software</h2>



<p>Beyond hardware, facial recognition software is what makes modern surveillance so effective. Drones use facial recognition to follow the right person. Police can use facial recognition to compare doorbell camera footage with mugshots.</p>



<p>Even public Facebook profile pictures can be run through this software, connecting faces from surveillance with suspects.</p>



<p>Of course, facial recognition software isn’t flawless. Many doorbell camera manufacturers are still working on increasing their resolution. Drones view suspects from hundreds of feet away. The chances of a false positive are still present in 2020. That means that innocent people may get charged with burglary due to faulty software.</p>



<h2 class="wp-block-heading" id="h-connecticut-burglary-laws-and-how-new-surveillance-tech-fits-in">Connecticut Burglary Laws and How New Surveillance Tech Fits In</h2>


<div class="wp-block-image">
<figure class="alignright size-full"><img loading="lazy" decoding="async" width="300" height="200" src="/static/2022/07/man-of-back-with-handcuffs.jpg" alt="Hands with handcuffs" class="wp-image-216"/></figure></div>


<p>In Connecticut, <a href="https://www.cga.ct.gov/2007/rpt/2007-R-0505.htm" target="_blank" rel="noreferrer noopener">burglary is a felony</a>. Burglary is defined as entering or staying in a property unlawfully, with the intent to commit a crime. That property doesn’t have to be a building. Step up to someone’s front stoop and <a href="/blog/watch-out-connecticut-police-on-cracking-down-on-porch-pirates/">steal their Amazon delivery</a> – that counts as burglary.</p>



<p>This crime can be anything from a <a href="/criminal-defense/felonies/">class D felony to a class B felony</a>, depending on whether a weapon was involved and if anyone was hurt.</p>



<ul class="wp-block-list"><li>Any burglary found to include a deadly weapon carries a one-year mandatory minimum sentence.</li><li>A burglary that resulted in bodily injury has a five-year mandatory minimum jail term.</li><li>A first-degree burglary conviction can lead to up to 25 years in prison and potential fines of $15,000.</li></ul>



<p>New technology leads to new solutions and new problems. The technological advances in surveillance will catch more burglars, but the tech isn’t perfect.</p>



<p>More charges will be pressed for burglary, but there will be false positives. That means more people will need good representation to help them <a href="/criminal-defense/burglary-residential-burglary/">fight false burglary charges</a> in 2020.</p>
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                <title><![CDATA[Watch Out – Connecticut Police on Cracking Down on “Porch Pirates”]]></title>
                <link>https://www.rudolphdefense.com/blog/watch-out-connecticut-police-on-cracking-down-on-porch-pirates/</link>
                <guid isPermaLink="true">https://www.rudolphdefense.com/blog/watch-out-connecticut-police-on-cracking-down-on-porch-pirates/</guid>
                <dc:creator><![CDATA[Law Office of Douglas D. Rudolph]]></dc:creator>
                <pubDate>Fri, 06 Dec 2019 21:48:00 GMT</pubDate>
                
                    <category><![CDATA[Burglary]]></category>
                
                    <category><![CDATA[Theft Crimes]]></category>
                
                
                
                
                <description><![CDATA[<p>It’s probably no surprise to hear that the rise in online shopping has also led to a correlating increase in package thievery. These “porch pirates” can easily take advantage of packages sitting on the front step, especially during the holidays. Last holiday season the problem of package theft became apparent to law enforcement, shoppers, and&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignright size-full"><img loading="lazy" decoding="async" width="300" height="220" src="/static/2022/07/package-delivered.jpg" alt="Packaged Delivered" class="wp-image-181"/></figure></div>


<p>It’s probably no surprise to hear that the rise in online shopping has also led to a correlating increase in package thievery. These “porch pirates” can easily take advantage of packages sitting on the front step, especially during the holidays.</p>



<p>Last holiday season the problem of package theft became apparent to law enforcement, shoppers, and retailers alike, and cops really started cracking down.</p>



<p>Take police in New Jersey, who teamed up with Amazon to catch these thieves <a href="https://www.nbcconnecticut.com/news/business/Sting-Uses-Fake-Amazon-Boxes-GPS-to-Catch-Would-Be-Thieves-502507721.html" target="_blank" rel="noreferrer noopener">using doorbell cameras and bait boxes</a>. One bait box was stolen just three minutes after it was set out, and the police quickly apprehended the culprit.</p>



<p>Police are also able to utilize nearby surveillance cameras in certain communities to help catch porch pirates. Similar stings have been tried in other states too, such as California and New Mexico.</p>



<p>In Connecticut, the stealing of packages out of a mailbox or off of someone’s property can qualify as <a href="/criminal-defense/burglary-residential-burglary/">residential burglary</a>, as well as other crimes. if you find yourself facing these types of charges, you need to take them very seriously.</p>



<h2 class="wp-block-heading" id="h-charges-of-residential-burglary-in-connecticut">Charges of Residential Burglary in Connecticut</h2>



<p>When you actually enter into somebody else’s home with the intent to commit a crime, that is considered burglary. In Connecticut, there are a few different degrees of burglary.</p>



<h3 class="wp-block-heading" id="h-third-degree-burglary">Third-Degree Burglary</h3>



<p>Entering into a building that is not a dwelling, with no other aggravating factors, is simple third-degree burglary. However, it is still a <a href="/blog/voting-rights-how-felony-convictions-affect-your-ability-to-participate-in-elections/">felony</a> and could carry a penalty of imprisonment for one to five years, as well as a possible fine up to $5,000.</p>



<h3 class="wp-block-heading" id="h-second-degree-burglary">Second-Degree Burglary</h3>



<p>Breaking into an occupied building or inhabited dwelling with the intent to commit a crime (i.e. theft), is second-degree burglary in the state. This is also a felony and is punishable by up to ten years in prison as well as a possible fine of no more than $10,000.</p>



<h3 class="wp-block-heading" id="h-first-degree-burglary">First-Degree Burglary</h3>



<p><a href="/criminal-defense/home-invasion/">First-degree burglary</a> occurs when the suspect enters a dwelling at night and/or enters the dwelling with a weapon. This carries a severe penalty of a possible $15,000 fine and up to 40 years imprisonment.</p>



<h2 class="wp-block-heading" id="h-connecticut-crimes-related-to-residential-burglary">Connecticut Crimes Related to Residential Burglary</h2>



<h3 class="wp-block-heading" id="h-theft-of-mail-matter">Theft of Mail Matter</h3>



<p>Anyone who steals or takes or otherwise deceptively obtains a package or other mail is guilty of <a href="https://www.law.cornell.edu/uscode/text/18/1708" target="_blank" rel="noreferrer noopener">theft of mail matter</a>. You can also be charged with this crime is you receive stolen mail goods.</p>



<p>Penalties for this crime include an undefined fine and a possible (federal) prison sentence of up to five years.</p>



<h3 class="wp-block-heading" id="h-trespass">Trespass</h3>



<p>Someone is guilty of trespass any time they <a href="https://www.criminaldefenselawyer.com/resources/burglary-and-home-invasions-connecticut.htm" target="_blank" rel="noreferrer noopener">enter another person’s property</a> without that person’s permission. This certainly applies to any residential thief, as you would have to step onto the individual’s property to steal the packages.</p>



<p>Because trespass in Connecticut is only considered an infraction, the punishment is only a fine, but keep in mind, prosecutors are known to stack charges in order to increase overall penalties.</p>



<h2 class="wp-block-heading" id="h-possible-defenses-to-connecticut-charges">Possible Defenses to Connecticut Charges</h2>


<div class="wp-block-image">
<figure class="alignright size-full"><img loading="lazy" decoding="async" width="300" height="200" src="/static/2022/07/handcuffs-and-gavel.jpg" alt="Handcuffs and Gavel" class="wp-image-182"/></figure></div>


<p>If you are arrested on suspicion of any of the above crimes, a reasonable defense would be to claim that the building was open to the public.</p>



<p>You could try to say that the building was not occupied, but if something was stolen right off the front steps of a house, the jury probably won’t be buying that.</p>



<p>You could also claim that, in the case of a burglary charge, there was no intent to commit a crime on or in the property.</p>



<p>Again, the main point to remember is that police in Connecticut are cracking down hard. Should you wind up facing charges, reach out to an experienced Connecticut criminal defense attorney to help you navigate them.</p>
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