In what situations can charges of attempted breaking and entering be applied?

Charges of attempted breaking and entering can be applied when a suspect takes substantial steps toward entry, demonstrating the intent to commit the act. This means the individual has moved beyond mere preparation and has engaged in actions that indicate they are on the verge of entering the property. This concept is crucial as it emphasizes the importance of intent and action in establishing an attempt.

For it to be considered attempted breaking and entering, there must be clear evidence that the suspect intended to gain unauthorized access to a property and took definitive actions toward that goal, even if they did not complete the entry. Such actions can include trying to unlock a door, breaking a window, or using tools to aid in entry. This standard helps to distinguish between mere thoughts of entering a property and an actionable attempt to do so.

In contrast, the other situations described do not meet the legal standards for attempted breaking and entering because they lack elements such as intent or action necessary for the charge to apply.