Q:

What is first degree burglary?

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Quick Answer

First degree burglary is defined as forcibly breaking and entering into someone's home, while persons are in the home, with the sole intent of committing a crime, as stated by attorney Adam R. Banner. The offender forcibly gains entry by breaking a door, window, wall, locks or bolts.

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What is first degree burglary?
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Full Answer

According to Banner, the first degree charge is leveled only when the residence is occupied during the crime. Carrying a dangerous weapon while committing a break-in or having one or more accomplices assist with the burglary can merit a first degree charge. In addition, picking locks or using a false set of keys to unlock outer doors and windows are grounds to charge offenders in the first degree.

Under the New York penal code, an offender who physically harms a person in any way while entering, inside or leaving a dwelling is charged with first degree burglary, as stated by Crotty Sand Attorneys at Law. Offenders can be charged with this count even if an innocent party sustains minor injuries. New York also comes down hard on carrying a firearm to the scene of the crime. Even if only one offender brings a gun, all of the participating offenders get the highest burglary charge.

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Related Questions

  • Q:

    What must a prosecutor prove to get someone convicted in a burglary case?

    A:

    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.

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  • Q:

    What information do you need to report a burglary?

    A:

    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.

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  • Q:

    What is the difference between first and second degree burglary?

    A:

    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.

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  • Q:

    What is 2nd degree forgery?

    A:

    Second degree forgery is considered to be a felony crime and does not necessitate the presentation of the forged documents for conviction. The type of document forged determines the degree of a forgery charge. Common second degree forgery documents are deeds, wills, contracts, medical prescriptions, public records and credit cards.

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