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.
Burglary of a non-residential structure such as a business or storage facility is considered second degree burglary. Punishment for First Degree Burglary. First degree burglary is considered a strike under California Penal Code Section 1192.5, and carries a much harsher sentence than second degree burglary.
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.
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.
Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years.
Maryland burglary charges usually involve breaking and entering a building with the intent to commit a crime. In Maryland, first degree burglary, second degree burglary, and third degree burglary are felonies. Fourth degree burglary is a misdemeanor.
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.
First degree burglary is a class B felony, punishable by one to 25 years and a fine. North Carolina: Burglary in the first degree and burglary with explosives are Class D felonies, punishable by 38 to 160 months in prison, and burglary in the second degree is a Class G felony, punishable by 8 to 31 months in prison. North Dakota
A burglary is a crime committed when a person(s) breaks and enters a structure with the intention of theft or larceny. Here is the details on a second degree burglary and its repercussions.