When is it Considered Burglary?
A theft where access is gained illegally to a closed-off area is considered an aggravating circumstance. This form of theft usually involves damage. Illegally breaking into a building or object with the intent to steal something is called theft with burglary. This includes, for example, home burglary, breaking into a business premises or school, theft from a broken-into car, but also ATM bombing or ram-raiding.
What are (other) Aggravating Circumstances in Theft?
The law recognizes several other aggravating factors in theft. For example, using an unusual entrance, such as an open window on the first floor. The law then refers to this as theft by means of climbing in. Equally aggravating is gaining access by means of a false costume, a false order, or false keys. False keys don’t only refer to literal keys. This also includes, for example, withdrawing money with a stolen bank card.
What Punishment Can You get for Theft under Aggravating Circumstances?
In case of theft under aggravating circumstances, the criminal court can impose a prison sentence of six years. However, the expected duration of a possible prison sentence differs per case. For instance, the extent of the damage will be considered, but also the function of the building (for example, is it a nursing home or an abandoned gas station?). We can inform you about what punishment you might expect.
Why Hire a Lawyer if You’re Suspected of Theft under Aggravating Circumstances?
If you are suspected of committing a burglary, it is advisable to seek advice from your lawyer at the earliest possible stage. After all, you risk a prison sentence. Even after detention, you may experience adverse consequences, for example when obtaining a Certificate of Conduct (VOG). Our lawyers are specialized in this area. We can assess if there is sufficient evidence against you. We might even see opportunities in your criminal case to argue for acquittal. Need advice on the possibilities in your criminal case? Feel free to contact us.
Have You Received a Penalty Order or Transaction Proposal from the Public Prosecutor?
If the Public Prosecutor believes you are guilty of a criminal offense, in certain cases, they can impose a punishment themselves. In that case, you will receive a transaction proposal or penalty order. It’s also possible that you’ll be invited to a Public Prosecutor’s hearing. In all these cases, you risk getting a criminal record. Therefore, contact your lawyer as soon as possible to prevent adverse consequences.
