What is the difference between burglary and breaking and entering?

The distinction between burglary and breaking and entering is primarily based on the intent behind the unlawful entry. Burglary is specifically defined as entering a dwelling or structure with the intention of committing a felony or theft once inside. This means that there is a clear motive connected to the act of entry that elevates the offense to burglary, which is treated more seriously under the law.

On the other hand, breaking and entering simply refers to the act of unlawfully entering a structure, which can occur without any intent to commit a further crime, such as theft. This means that breaking and entering can cover a broader range of situations, including those that might not be classified as felonious.

This understanding is crucial because it affects how each crime is prosecuted and the potential penalties involved. The element of intent in burglary indicates a more serious crime compared to the general act of breaking and entering, which may be treated with less severity depending on the context.