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.Continue Reading
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
Completed burglary, forcible entry, unlawful entry without force and attempted forcible entry are the four types of burglary. By definition, burglary is the illegal attempt or forceful entry of a residence.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 >
Aggravated burglary is entering someone's house to steal something with the intent to commit another crime or while using or carrying a weapon. Not all states make a distinction between burglary and aggravated burglary. Some states allow for more serious punishment for burglaries committed with aggravating circumstances.Full Answer >
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