What can escalate a simple breaking and entering charge to aggravated burglary?

A charge of simple breaking and entering can be elevated to aggravated burglary primarily when there is a threat to or harm against an occupant within the building. Aggravated burglary typically involves not only the unlawful entry into a structure but also the potential for violence or intimidation to the people inside. The presence of threats or physical harm signifies a greater danger and an escalation of the crime, reflecting an intent to commit a violent act while engaging in the illegal entry.

The emphasis on threats or harm highlights the seriousness of the act, as it moves beyond mere trespassing or unlawful entry—elements of simple breaking and entering—to include the possibility of violent confrontation or coercion, which is a critical component of aggravated burglary. This distinction is important in legal terms because the consequences and penalties for aggravated burglary are significantly more severe, reflecting the increased risk to occupants and the heightened societal interest in preventing such conduct.