Valley, AL asked in Criminal Law and Education Law for Alabama

Q: It's a wood storage building licensed as a gun store business I cut into the back of it with a skill saw I never entered

Is it a 3rd degree burglary in Alabama I never entered or took anything I only damaged the building by cutting a square in the back of it I gave up and left when I couldn't get into it

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1 Lawyer Answer
Nelson Craig Johnson
Nelson Craig Johnson
Answered
  • Cullman, AL
  • Licensed in Alabama

A: (a) A person commits the crime of burglary in the third degree if any of the following occur:

(1) He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein;

(2) He or she knowingly enters or remains unlawfully in an occupied building with the intent to commit a crime therein; or

(3) He or she knowingly enters or remains unlawfully in an unoccupied building with the intent to commit a crime therein.

(b) Burglary in the third degree is a Class C felony.

Sounds like there are several crimes you could be convicted of; however, if you never entered the property then burglary does not appear to be one that would apply. The only foreseeable arguement I could see a district attorney making is that the saw entered the building and was an extension of you.

You should consult an attorney for specific advise in your case, but I think this is a case that could likely be plead down to a misdemeanor.

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