Introduction
Tom Jones was angry after losing the election to Richard Davis. He went to his house while Davis and his family were away celebrating his victory and committed a burglary. Tom Jones broke a window into the home and stole $500,000 worth of antique jewelry. After grabbing them, he got into his truck and drove off.
Issue Statement
Is Tom Jones guilty of stealing $500,000 worth of antique jewelry with a break-in?
Short Answer
Yes, Tom Jones is guilty because he intentionally broke into the house and stole the jewelry (felony-level theft).
Discussion
Burglary is a criminal offense prosecutable regardless of the amount of property damage caused. Burglary is a serious crime. The objective side of the crime is characterized by the secret taking of someone else’s property. The objective side is guilt with direct intent, with a mercenary motive present. The theft is considered to be completed from the moment the perpetrator took possession of the property and could dispose of it, irrespective of whether he had time to do it. Categorizing a particular offense as a group depends on the amount of material damage and the circumstances in which it was committed. In order to classify the crime as theft, the evidence must be presented in court that the purpose of the entry into the dwelling or non-residential premises of the accused was precisely to take possession of another’s property. Also, trespassing is not considered if the defendant had the right to lawful access to the dwelling or premises, such as in connection with the performance of official duties.
The presence of the following characteristic features of trespassing defines burglary:
- Entering the premises with an illegally obtained key;
- Damage to windows and doors
- damage or unlawful disabling of alarms or/and video surveillance;
- power outage.
Illegal entry is not only the physical presence of an intruder on the premises but also the appropriation of another’s property with the help of special devices. The crime of burglary is addressed in Article 140 of the New York State Penal Code (Panjaitan et al., 2020). 140.20 – Third Degree Burglary – A person is guilty of third-degree burglary if he knowingly enters or unlawfully remains in a building intending to commit a crime therein (J.p. n.d.). It should be noted that legislators in most states have abandoned these rules as archaic, not reflective of modern reality, and define property as the subject of a crime quite broadly. Under Article 155 of the New York State Penal Code, the property is defined as money, chattels, real estate, computer data or programs, rights in rem and rights of obligation, and any object or substance of value, including gas, water, or electricity (J.p. n.d.). The jewelry the felon stole is considered valuable property, so the law defines his act as a felony.
Tom Jones knowingly broke a window and entered Richard Davis’ home, intending to commit a crime there. Under New York State Penal Code section 140, Tom Jones’ actions are considered a felony. In Jones v. State, Jones had a clear, conscious intent to commit theft even before the act in question. Tom Jones will likely be found guilty in a burglary case with breaking. For example, the crime in which a family of 11 in Brooklyn’s Midwood was robbed while they were sleeping was a case in point (Reuters, n.d.). The thief broke through an open window, took a laptop computer, credit cards, and a few dozen dollars in cash, and then disappeared.
Oneok, people are so used to honking cars, emergency sirens, flying helicopters, and screaming inadequate bystanders that they completely disconnect from reality in their sleep. For example, a 73-year-old Forrest Hills (Queens) resident was robbed by a burglar at night (Reuters, n.d.). The woman did not notice anything because she had earplugs in her ears, which she used to escape the noise. The burglar carefully broke down the door with his full weight and then took out $1,500 worth of jewelry (Reuters, n.d.). These cases may be related to the Tom Jones case in that the owners did not notice the robbery and did not come into contact with the robber.
Finally, it is worth mentioning that the detection rate for burglaries and robberies in New York City is very low. Police officers are not eager to solve these crimes with dogs, DNA tests, and helicopters. Consequently, most burglars do not get their possessions back. Electronic devices, jewelry, and firearms quickly dissipate on the black market, and cash is usually spent on drugs and entertainment by New York burglars. According to federal crime statistics, over 70% of stolen and looted goods are sold within 12 hours of the crime (Reuters, n.d.). However, the Tom Jones case will be solved as the burglar is caught.
Conclusion
Based on the elements outlined in New York State Penal Code Section 140.20, the court’s decision will likely be found guilty because he broke into Davis’ property without consent, intending to steal antique jewelry.
References
J.p. (n.d.). NY penal law § 140.20: Burglary in the third degree. New York Criminal Lawyer. Web.
Panjaitan, D. M., Yudianto, A., & Sumino, R. (2020). Chop Wound Due to Theft with Violence: Case Report.
Reuters, T. (n.d.). Home. West’s® New York Digest, 3d (Key Nu… | Legal Solutions. Web.