%0 Journal Article
%T Is Burglary a Violent Crime? An Empirical Investigation of the Armed Career Criminal Act¡¯s Classification of Burglary as a Violent Felony
%A Phillip M. Kopp
%J Criminal Justice Policy Review
%@ 1552-3586
%D 2019
%R 10.1177/0887403416684594
%X Traditionally considered a non-violent property offense, burglary is nonetheless classified as a violent crime under the federal Armed Career Criminal Act (ACCA). The ACCA, a three-strikes law that provides a mandatory minimum sentence of 15 years, is triggered when an offender, who has been previously convicted for a crime classified under the ACCA as either a ¡°violent felony¡± or ¡°serious drug offense,¡± is convicted at the federal level for any felony committed while in possession of a firearm. The present study investigated the ACCA¡¯s classification of burglary as violent through analysis of National Crime Victimization Survey data for the period of 2009 to 2014. Results showed that burglary is overwhelmingly a non-violent offense. The national incidence of actual violence or threats of violence during a burglary was 7.9%. At most, 2.7% of burglaries involved actual acts of violence. Legislative reform of the ACCA classification to match the empirical description of burglary is discussed
%K sentencing policy
%K violence
%K research and policy
%U https://journals.sagepub.com/doi/full/10.1177/0887403416684594