Second Degree Burglary. In many jurisdictions, second degree burglary includes the same elements as first degree burglary, with the exception that it applies to entering a commercial building or place of business. second degree burglary may also be charged when the perpetrator entered a building with the intent to commit arson or steal a firearm.
In most cases, a first degree burglary also involves the use of a deadly weapon, such as a gun or a knife. People can be charged with burglary even if they did not steal anything. Anyone who enters a property without permission, intending to commit a crime such as theft, rape, or murder, can face a first degree burglary charge.
Burglary in the first degree is a class B felony, punishable by one to 40 years in prison and a fine of up to $15,000. Delaware: Burglary in the first degree is usually a class C felony (which can result in a prison term of up to 15 years) and second degree burglary is usually a class D felony (punishable by up to eight years in prison).
The consequences of a PC 459 burglary conviction depend on whether you are charged with first-degree burglary or second-degree burglary. 3.1. First-degree burglary penalties. First-degree burglary (residential burglary) is always a felony in California law. The punishment for first-degree burglary may include: Felony (formal) probation;
First (1st) Degree Burglary. Oklahoma's First (1st) Degree Burglary statute is found at Title 21 Oklahoma Statute Section 1431 and reads as follows: Every person who breaks into and enters the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein, either: 1.
(1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 (Burglary in the second degree) and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person: (a) Is armed with a burglary tool or theft device as defined in ORS 164.235 (Possession of a burglary tool or theft device) or a deadly weapon;
California state laws establish two types of burglary: first-degree and second-degree. State law defines first-degree burglary as any burglary of an inhabited dwelling. During burglary prosecutions, an inhabited dwelling is any house, vessel, or other property designed for habitation and currently inhabited at the time of the burglary.
First and second degree burglary. There shall be two degrees in the crime of burglary as defined at the common law. If the crime be committed in a dwelling house, or in a room used as a sleeping apartment in any building, and any person is in the actual occupation of any part of said dwelling house or sleeping apartment at the time of the ...
In a burglary case, the degree of the criminal charge will also influence the sentence that a judge imposes. The following is an overview of burglary sentencing and penalties, including factors considered by the court and hypothetical examples of burglary cases.
Subdivision 1. Burglary in the first degree. Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or ...