What is the max sentencing for misdemeanor breaking and/or entering?

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dbello | High School Teacher | (Level 1) Educator

Posted on

In New York City the max sentence for this crime is up to one year in jail. Your question does not specify a location, and as a result I cannot offer you a more in depth answer, different geographic locations are subject to different laws. Rephrase your question and I can answer with more clarity. 

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missl07 | Elementary School Teacher | eNotes Newbie

Posted on

Unfortunately this question is extremely difficult to answer because the sentencing really does depend on the situation and the crime committed. There is quite the diversity in crimes involving breaking and entering, thus affecting the minimum and maxium years allowed for sentencing, as well as the judge's decision. It also depends on the offender's previous criminal record, if indeed he/she has one. Typically, a previous offender will be charged more harshly for his or her crime than someone who has never done anything criminally wrong before. The crime of breaking and entering in itself would be judged based on any weapons used, possessions stolen, the house being occupied, the place where it's occuring, if anyone was hurt, the time of day, etc. 

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