What aspect differentiates felony breaking and entering from misdemeanor?

The differentiation between felony breaking and entering and misdemeanor breaking and entering primarily hinges on the type of intent behind the entry. In felony breaking and entering, the individual typically enters a structure with the intent to commit a serious crime, such as theft, assault, or some other felony offense. This implies a premeditated intention to engage in criminal behavior once inside.

On the other hand, misdemeanor breaking and entering might occur with less severe intentions, such as trespassing or entering a property without the intention of committing a felony upon entry. The implications of intent significantly affect how the law categorizes the offense—felonies are taken more seriously due to their potential harm to individuals or property, reflecting the more severe punishments that align with such intentions.

Factors such as the time of entry, presence of other individuals, and location of the property do not inherently distinguish between felony and misdemeanor breaking and entering in terms of legal categorization; rather, they could influence the circumstances surrounding a case but do not define the core difference related to intent.