What is Forced Entry and Why is it a Crime?

Forced entry is the act of entering a structure without due permission by the owner and using force as an element during the entry. The offense of unlawful entry may be subject to further criminal acts like theft or murder. The structure can be described as any formation that has defined perimeters such as a house, garage, car, boat, stable or cage. Also, there should be a form of boundary access that is used as a means to enter with force like a door, window or wall. 

What Constitutes Forced Entry?

Mitigating circumstances in forced entry are cases of necessity, emergency or granted permission. If a fireman breaks down the door of a burning room in order to save a victim, it will not be counted as forced entry. If a woman is being chased by a rapist and breaks a window in entering an abandoned house for security, she will not be charged with forced entry.

As for grants of permission, if the owner of an apartment accidentally locks himself outside leaving the key inside, he may hire a locksmith to pick the lock. The locksmith is legally granted permission to use or break the boundary access. In the cases of lawful searches or seizures requiring the element of surprise and the necessity to break in or use force in entering a structure can be considered legal considering that legitimate documents are secured.

Dwelling places are special structures since these contain other human beings who could react adversely to the situation of forced entry thereby possibly causing untoward incidents. Also, in most cases there is always intent in entering dwelling places with force. Further acts of crime may be included in the intent which makes the incident an accumulation of different felonies. Dwelling place is defined as any structure that has individuals residing or staying such as homes, apartments, hotels or cars.

Details Of Forced Entry

Forced entry can be the entering of a whole person, a body part or a tool even for just a short period of time. If an individual uses his elbow in breaking a window, puts one leg in to sneak his way in, suddenly hears the owner coming then runs off, he will still be guilty of forced entry. Even if only a section of his body was inside the structure in a matter of seconds, the elements of the offender, the structure and the use of force in entering are all present. If a person throws a stone through a glass window, the elements of the offender’s tool, the structure and the use of force in the entering of the tool are all still present. These situations are examples of forced entry.

Penalties For Forced Entry

Punishment for forced entry can be in fines and imprisonment. The penalties will be imposed based on the offense and other criminal acts or attempted crimes included with the primary act. Fines can be anywhere from $1,000 to $1,000,000 depending on severity and counts of criminal offenses. The offender can be imprisoned from one day to twenty years. Misdemeanors like the use of tools in entering without the presence of a person are less serious in nature and can be penalized with minimum fines. Any other crimes committed in the same situation will be processed, sentenced and penalized separately.

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