Olivia Benson has been charged with first degree burglary. Burglary requires that the trespasser breaks and enters of the dwelling of another at night with an intent to commit a felony therein.” Our case presents five issues, the first being whether Olivia was guilty of breaking into the Stabler’s house even though she used a key to get in. The second issue is whether the garage is consider a dwelling. Another issue is we need to determine whether 7.00 p.m., can be consider as nighttime. We need to also see if there was an intent to commit larceny, and finally, we need to see if a garden rake is consider a deadly weapon.
The facts are as follow: Olivia Benson a Virginia resident was a former employer for the Stabler’s. The Stabler’s provided …show more content…
The statute in the question states,” Burglary is defined as the breaking and entering of a dwelling at nighttime with the intent to commit a felony therein.” There is an issue of whether or not Olivia was breaking in the Stablers house. Olivia used her duplicated key to get into the garage. We can argue that since Olivia enter the house by using a key there was no damaged caused, this is not breaking in. Olivia simply opened the door with a key, she didn’t remove any door or windows. Although she opened the door with a duplicated key, a key she secretly made without the Stablers consent is an unlawful act. She entered the house with no consent, no one knew she was going to the house, and there was no permission the prosecutor can argue that there was a breaking in.
The second issue is whether the garage is consider a dwelling. Dwelling is defined as “where a person lives”. A garage is usually not consider a residency. However the garage was described that it was attached to the house, it can be argued that it since it is attached it can be consider to belong to the house, which then can be acknowledge that the second element of the statute is also