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If a store’s front window is broken and a safe is tampered with but nothing is reported stolen, what charge should the suspect face?

  1. Breaking and Entering

  2. MDOP

  3. Attempted Larceny in a building

  4. Criminal Mischief

The correct answer is: Breaking and Entering

The most appropriate charge in this scenario is Breaking and Entering. This charge applies when an individual unlawfully enters a building with the intent to commit a crime, which can include the act of tampering with a safe, even if no items were ultimately stolen. The focus here is on the act of breaking the store's front window to gain access and tampering with the safe within the building's premises. While other options pertain to property damage or attempts to steal, breaking and entering specifically captures the unlawful entry with an intent, fulfilling the necessary elements of the offense based on the circumstances described. The absence of theft does not diminish the severity of the act of breaking into the property, thus reinforcing the applicability of this charge.