Question

If a suspect enters a downstairs business with the intent to commit a theft and then enters an upstairs apartment to commit a theft, the suspect should be arrested for?

A) trespassing
B) 2nd degree burglary
C) 1st degree burglary
D) breaking and entering

Answer 1

The suspect should be arrested for 1st degree burglary. The correct answer is C)

Step-by-step explanation:

The suspect should be arrested for 1st degree burglary. 1st degree burglary is committed when a person unlawfully enters a building with the intent to commit a theft or any felony, and in the course of the offense, either:

1. Uses or threatens to use a deadly weapon
2. Causes physical injury to any person who is not a participant in the crime
3. Uses or threatens to use a dangerous instrument

In this scenario, the suspect intends to commit a theft in both the downstairs business and the upstairs apartment. By entering both buildings with the intent to commit a theft, the suspect fulfills the criteria for 1st degree burglary.