Burglary in Rhode Island is a common-law offense: breaking and entering the dwelling of another in the nighttime with intent to commit a felony inside. All five elements must be present. Breaking and entering is the broader, lesser offense - it covers daytime entries, entries into non-dwellings like garages or businesses, and entries without the specific felony intent burglary requires. The practical difference is enormous. Burglary under R.I.G.L. § 11-8-1 exposes a defendant to up to life in prison. Breaking and entering typically caps at ten years, and most non-violent first offenses resolve with suspended sentences or probation. Negotiating a burglary charge down to breaking and entering is one of the most important wins a Rhode Island burglary lawyer can secure, which is why we start building that argument the minute we are retained.