It has three degrees. Third-degree burglary is the broadest, and applies to any building or other premises. Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires that the accused be in a dwelling and armed with a weapon or have intent to cause injury.
Burglary in the second degree. (1) A person is guilty of burglary in the second degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building other than a vehicle or a dwelling.
Second Degree Burglary Definition Second Degree Burglary, C.R.S. 18-4-203 (1) A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.
If you've ever watched a television court show, then you've probably heard of first-, second-, and third-degree burglaries. In some states, there is such a thing as fourth-degree burglary. In the eyes of the law, the degree indicates the severity of the burglary--a first-degree burglary, for example, is more severe than a third-degree burglary and, as a result, the punishment for a first ....
Burglary, even second degree burglary, is almost always a felony (a crime punishable by incarceration in state prison and, oftentimes, a fine). In a state where second degree burglary is any unarmed or non-violent burglary, then second degree burglary may be punishable by as little as one year in prison.
First-degree burglary under Penal Code 459 PC is any burglary of a residence, while second-degree burglary is burglary of any building that is not a residence. 10. First-degree burglary is sometimes referred to as “residential burglary,” and second-degree burglary is sometimes referred to as “commercial burglary.” 2.2.
California Penal Code 459 defines burglary as breaking and entering a structure with the intent to steal or commit a felony. A structure could include a residence, a business, a cargo container, or even a tent or a storage unit. That is the basic definition of burglary in California, but what makes a burglary a first-degree burglary, and what makes it a second-degree burglary?
Burglary in the Second Degree is a “C” violent felony punishable by a mandatory minimum term of incarceration of three and one half years up to a maximum fifteen years in state prison, as well as fines and surcharges.
Burglary in the second degree is a class C felony. NY CLS Penal § 140.20 Burglary in the third degree. A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a class D felony.
(2) Burglary in the second degree pursuant to subsection (B) is a felony punishable by imprisonment for not more than fifteen years, provided, that no person convicted of burglary in the second degree pursuant to subsection (B) shall be eligible for parole except upon service of not less than one-third of the term of the sentence. SECTION 16-11 ...