Call it a sign of the times. The United States Supreme Court recently ruled that non-traditional homes can suffice for the “structure” requirement needed for the definition of burglary.
Burglary, though a state crime, is generally described as the unlawful entry into a dwelling with the intent to commit a crime inside. The reason that burglary is considered a violent and inherently dangerous crime is because dwellers are highly likely to defend their home, and therefore there is a high risk of confrontation between the offenders and the dwellers.
Significance of Burglary and the Armed Career Criminal Act
Burglary is a violent felony. As such, it counts as a “strike” in many jurisdictions that have “three strike” or Career Criminal rules. In this case, Stitt was convicted of a federal firearm possession charge, and was trying to avoid a federal prison term under the Armed Career Criminal Act (ACCA). This Act imposes a mandatory prison term of fifteen years on a felon who unlawfully possesses a firearm, and has had three or more previous convictions for “violent felonies.”
If you or someone you love has been charged with burglary, or any other violent crime, contact a local criminal defense attorney. Though it may be tempting to just serve your time for the crime, you may regret this complicity later, when having a violent felony on your record counts as a strike against you, whether under ACCA, local three strikes laws, or perhaps even a job application or child custody hearing.
Related Resources:
- Find a Criminal Defense Attorney Near You (FindLaw’s Lawyer Directory)
- ACCA Gets Man 15 Years for Possessing 7 Shotgun Shells (FindLaw Sixth Circuit)
- What’s the Difference Between Burglary, Robbery, and Theft? (FindLaw Blotter)
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