20-Year-Old and Teenager Arrested for Burglary of Delaware Home
A Delaware man and a teenager are facing charges of Burglary and more after police say that they were able to connect the duo to multiple thefts. The pair was arrested after investigators say they burglarized a home in the Beaver Brook Crest community. Investigators were able to link the pair to multiple recent nearby thefts. Further, detectives searched a home on Homestead Road in Wilmington and placed the two men into custody. The two are facing felony charges of Burglary, Unlawful Use of a Payment Card, and other offenses.
Understanding the crime of Burglary in Delaware
In Delaware, you can be charged with 1st, 2nd, or 3rd degree Burglary. These crimes have different elements with 1st Degree Burglary being the most severe and 3rd Degree Burglary being the least severe. All of the crimes are defined in 11 DE Code § 823 to 825.
- Burglary in the 3rd Degree – According to 11 DE Code § 823, a person is guilty of Burglary in the Third Degree when the person knowingly enters or remains unlawfully in a building with the intent to commit a crime therein. Generally speaking, the crime is theft. Burglary in the 3rd Degree is considered a class F felony which is punishable by a maximum of three years in state prison. It is considered a nonviolent felony.
- Burglary in the 2nd Degree – According to 11 DE Code § 824, an individual is guilty of Burglary in the 2nd Degree when they both enter or remain unlawfully in a dwelling with the intent to commit a crime therein AND the person is armed with explosives or a deadly weapon OR the individual causes physical injury to any other person who is not a participant to the crime. Burglary in the Second Degree is considered a class D felony. Class D felonies carry a maximum prison sentence of 8 years.
- Burglary in the 1st Degree – According to 11 DE Code § 824 is also known as home invasion burglary. It occurs when an individual enters or unlawfully remains in an occupied dwelling with the intent to commit a crime therein. The other element of Burglary in the First Degree is that the individual commits one of the following crimes: (1) Robbery in the First or Second Degree, (2) Assault in the First or Second Degree, (3) Murder in the First or Second Degree, Manslaughter, Rape in any degree, Kidnapping in the First or Second Degree. Burglary in the First Degree is considered a class C felony. Any individual convicted of Burglary in the First Degree will receive a mandatory minimum sentence of at least 1 year at Level V. Burglary in the First Degree can be aggravated to a Class B felony if the individual is armed with explosives or a deadly weapon or causes physical injury to any individual who is not a participant in the crime.
Contact a Wilmington Criminal Defense Lawyer Today
Michael W. Modica represents the interests of Delaware residents who have been charged with serious crimes such as Burglary. Call our Wilmington criminal defense lawyer today to schedule an appointment, and we can begin preparing your defense immediately.
Source:
fox29.com/news/pair-arrested-delaware-home-burglaries-linked-other-thefts-police
