As of 2014 in California, first-degree burglary occurs at residences and second-degree burglary happens at commercial establishments where people do not live, according to Shouse California Law Group. Penalties for first-degree burglary are more than those of second-degree burglary, although laws change depending on state statutes, notes FindLaw.Know More
First-degree burglary carries a penalty of up to six years in prison in California, whereas second-degree burglary can be up to three years in prison depending on the circumstances of the crime. Second-degree burglary can be a felony or misdemeanor, based on a person's criminal record or past history, notes Shouse. Misdemeanor second-degree burglary has a one-year jail sentence.
First-degree burglary is also known as residential burglary, and second-degree burglary is also known as commercial burglary in California. Penalties are stiffer for residential burglary because there is a greater chance of harming someone living in the residence. The structure of a residence may be a house, apartment, mobile home, house boat or anywhere someone may live, according to the Law Offices of Seppi Esfandi.
As of 2014, other states have more than two degrees of burglary charges within their criminal codes. New York has an additional charge of third-degree burglary, notes FindLaw.
Maryland's penal code contains four degrees of burglary charges, and fourth-degree burglary is the only one listed as a misdemeanor, according to The Law Office of Raymond F. Anthracite. First-degree burglary in Maryland has a maximum 20-year prison sentence, as of 2014.Learn more about Crime
The most common crimes in the United States are larceny/theft, burglary, motor vehicle theft, aggravated assault and robbery. Larceny/theft is the wrongful taking of goods from another and constitutes nearly 60 percent of crimes reported in the United States as of 2015, with more than 7 million occurrences every year.Full Answer >
Information needed to report a burglary includes the location of the crime, the name and address of the property owner, and the time frame in which the crime occurred. Documentation or photographs of any signs of forced entry or property damage associated with the burglary should also be included.Full Answer >
To get a person convicted in a burglary case, a prosecutor must prove that the defendant broke into and entered a building or other occupied structure without authorization and with the intention of committing a crime inside, states FindLaw. If the prosecutor fails to prove any one of these elements, the case fails.Full Answer >
It is possible for burglary charges to be dropped if the defendant and his lawyer present a request to the court and the court agrees. The court's decision takes a variety of mitigating factors into consideration.Full Answer >