What is Breaking?

Legal Definition
Parting or dividing by force and violence a solid substance, or piercing, penetrating, or bursting through the same.

2. In cases of burglary and house-breaking, the removal, of any part of the house, or of the fastenings provided to secure it, with violence and a felonious intent, is called a breaking.

3. The breaking is actual, as in the above case; or constructive, as when the burglar or house-breaker gains an entry by fraud, conspiracy or threats. 2 Russ. on Cr. 2; 2 Chit. Cr. Law, 1092; 1 Hale, P. C. 553; Alis. Prin. 282, 291. In England it has been decided that if the sash of a window be partly open, but not sufficiently so to admit a person, the raising of it so as to admit a person is not a breaking of the house. 1 Moody, Cr. Cas. 178. No reasons are assigned. It is difficult to conceive, if this case be law, what further opening will amount to a breaking. But see 1 Moody, Cr. Cas. 327, 377; and Burglary.
-- Bouviers Law Dictionary
Legal Definition
Forcibly separating, parting, disintegrating or piercing any solid substance. In the law as to housebreaking and burglary, it means the tearing away or removal of any part of a house or of the locks, latches or other fastenings intended to secure it or otherwise exerting force to gain an entrance, with the intent to commit a felony; or violently or forcibly breaking out of a house, after having unlawfully entered it, in the attempt to escape. Gaddie v. Com., 117 Ky. 468, 78 S. W. 163, 111 Am. St. Rep. 259; Sims v. State, 136 Ind. 358, 36 N. E. 278; Melton v. State, 24 Tex. App. 287, 6 S. W. 303; Mathews v. State, 36 Tex. 675; Carter v. State, 68 Ala. 98; State v. Newbegin, 25 Me. 503; McCo.urt v. People, 64 N. Y. 585. In the law of burglary, "constructive" breaking, as distinguished from actual, forcible breaking, may be classed under the following heads:

(1) Entries obtained by threats;

(2) when, in consequence of violence done or threatened in order to obtain entry, the owner, with a view more effectually to repel it, opens the door and sallies out and the felon enters;

(3) when entrance is obtnined by procuring the service of some intermediate person, such as a servant, to remove the fastening;

(4) when some process of law is fraudulently resorted to for the purpose of obtaining an entrance;

(5) when some trick is resorted to to induce the owner to remove the fastenings and open the door. State v. Henry, 31 N. O. 468; Clarke v. Com., 25 Grat. (Va.) 912; Ducher v. State, 18 Ohio, 317; Johnston v. Co.m., 85 Pa. 64, 27 Am. Rep. 622; Nicholls v. State, 68 Wis. 416, 32 N. W. 543, 60 Am. Rep. 870.
See also
-- Black's Law Dictionary
Legal Definition
The removal of any protection against intrusion for the purpose of effecting an unlawful entry. See 7 Am. Rep. 556.
-- Ballentine's Law Dictionary