breaking

In one sentence

In burglary, the act of entering a building by force, breaking through a barrier, or using deception.

Plain English

Breaking is a key element of burglary that means entering a building without permission, typically by force or through deception. It doesn't necessarily mean smashing a window or door—it can include opening an unlocked door with intent to commit a crime, or tricking your way inside. The breaking must be done without the owner's consent and with criminal intent.

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Example

A person pries open a basement window of a house to enter without permission. Even if the window was small or the force minimal, this constitutes breaking for purposes of a burglary charge.

Used in a sentence

“The prosecutor proved breaking by showing the defendant forced open the back door to gain entry.”

Related terms

Burglary

Unlawfully entering a building with intent to commit a crime inside.

attempted murder

Taking substantial steps toward killing someone with the intent to cause death.

confinement

The act of keeping someone in custody or restricting their freedom of movement.

Statute of Limitations

A law setting the maximum time period within which a lawsuit can be filed after an injury or breach occurs.

acquittal

A court decision that a defendant is not guilty of the charges.

appeal

A request to a higher court to review and overturn a lower court's decision.

Stand Your Ground

A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.

Castle Doctrine

A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.