Madison WI Burglary Defense Lawyer Attorney

There are two separate burglary crimes under section 943.10 of the Wisconsin criminal law, ordinary burglary and aggravated burglary.  The offense of ordinary burglary in the Wisconsin criminal law is as follows:

Whoever intentionally enters any of the following places without the consent of the person in lawful possession and with intent to steal or commit a felony in such place is guilty of a Class F felony, punishable by up to 12 years 6 months prison and a fine of up to $25,000: 

(a) Any building or dwelling; or 

(b) An enclosed railroad car; or 

(c) An enclosed portion of any ship or vessel; or 

(d) A locked enclosed cargo portion of a truck or trailer; or 

(e) A motor home or other motorized type of home or a trailer home, whether or not any person is living in any such home; or 

(f) A room within any of the above. 

Aggravated burglary is a Class E felony, punishable by up to 15 years prison and a $50,000 fine.  Aggravated burglary is an ordinary burglary committed under any of the following circumstances: 

The person is armed with a dangerous weapon or a device or container described under s. 941.26(4)(a). 

The person is unarmed, but arms himself with a dangerous weapon or a device or container described under s. 941.26(4)(a) while still in the burglarized enclosure. 

While the person is in the burglarized enclosure, he or she opens, or attempts to open, any depository by use of an explosive. 

While the person is in the burglarized enclosure, he or she commits a battery upon a person lawfully therein.

The burglarized enclosure is a dwelling, boat, or motor home and another person is lawfully present in the dwelling, boat, or motor home at the time of the violation.