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Intent on theft

 

Brett sneaks into a warehouse intent on theft and is surprised by a security guard, whom Brett knocks down a flight of stairs, killing him. What crime was committed? Discuss why.

 

Sample Answer

Based on the scenario described, Brett can potentially be charged with the following crimes:

  1. Burglary: Brett can be charged with burglary for unlawfully entering a warehouse with the intention to commit theft. Burglary charges typically apply when a person enters a structure without permission and with the intent to commit a crime inside.
  2. Felony Murder: Felony murder is a legal doctrine that holds individuals responsible for any deaths that occur during the commission of certain dangerous felonies, even if they did not intend to kill. Since Brett knocked down the security guard, resulting in the guard’s death, while committing burglary, he can be charged with felony murder.
  3. Aggravated Assault: Brett can also be charged with aggravated assault for forcefully knocking down the security guard, which caused his death. Aggravated assault typically involves intentionally causing serious bodily harm or using a deadly weapon, and in this case, Brett’s actions resulted in the guard’s death.

It is important to note that the specific charges filed against Brett may vary depending on the jurisdiction and the circumstances of the case. Legal professionals and law enforcement authorities are responsible for determining and filing appropriate charges based on the evidence and applicable laws.

Moreover, it is crucial to emphasize that I am not a lawyer, and my response is based on general legal principles. The actual charges and legal consequences will depend on the specific laws in the jurisdiction where the incident occurred, as well as the facts and evidence presented in court.

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