Burglary is generally the unlawful entry of a building or structure to commit a felony criminal offense (crime), theft, or assault. The definition of burglary varies from state to state (and in the federal system), and some states have different degrees of severity of the burglary offense—depending on the nature of the unlawful entry (type of building or structure), the intended purpose, and the illegal action taken by the defendant once inside the building or structure. In some states, breaking into an automobile, a coin-operated machine, or an ATM (automated teller machine) with the intent to commit a theft may also constitute the crime of burglary.
In Maine, burglary is defined under Title 17-A, §401 of the Maine Criminal Code as the intentional entry into a place with the intent to commit a crime therein, without the consent of the person who has the right to withhold consent. Burglary can be charged when a person enters or surreptitiously remains in a building, knowing they are not licensed or privileged to do so, with the intent to commit a crime. The severity of the offense can be elevated based on certain factors, such as the presence of a person in the building at the time of the offense, whether the burglar is armed with a dangerous weapon, or if the burglary occurs at night. Maine law recognizes different degrees of burglary, with the most severe being Class A or Class B crimes, which are felonies, and can result in significant imprisonment and fines. Lesser degrees, such as burglary of a motor vehicle, may be charged as misdemeanors under certain circumstances. It is important for individuals charged with burglary in Maine to consult with an attorney to understand the specific charges and potential defenses available to them.