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, 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 vs Second Degree Burglary. California burglary law is divided into “first-degree burglary” and second-degree burglary.” First-degree burglary is burglary of a residence. Second-degree burglary is the burglary of any other type of structure (including stores and businesses). 2. Shoplifting Distinguished
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.
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.
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 ...
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.
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.
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 ...
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.