There is a distinct difference between 1st and 2nd degree burglary. Second degree burglary is a wobbler, which means that prosecutors can charge you with a felony or a misdemeanor. How you are charged depends on various factors. Felony second degree burglary is punishable by up to three years in county jail.
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.
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.
Best Answer: Second degree burglary is any burglary that does not take place in an inhabited dwelling place, commonly called commercial burglary. Commercial burglary usually takes place in businesses. You can be charged with commercial burglary when you have the specific intent to steal something from a store when you walk in the door.
What does the term afcf mean in terms of 2nd degree burglary? AFCF stands for 'after former conviction of a felony'. It means it's not the FIRST time this person's been convicted of a felony.
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).
According to section 459 of the CPC (California Penal Code), a burglary in the second degree means, a burglary that is committed in a place, structure or dwelling that is not occupied. The punishment for this is a fine of USD 1,000, and/or imprisonment for about 1 year in a county jail.
Most states rely upon intent to determine the degree of a burglary, or breaking and entering, charge. If you use force and/or weapons to burglarize an inhabited building (in this case, inhabited simply means that a person lives or works in the building--it does not indicate whether or not the person was present during the burglary), then the law assumes that you intended to commit a violent ...
Second degree burglary is defined as breaking and entering into any building or any part of a building, room, booth, tent, railroad car, automobile, truck, trailer, vessel or other structure or erection, in which any property is kept, or any person who breaks into or forcibly opens, any coin operated or vending machine or device with intent to ...
What does “appurtenant to” mean? In State v.Massey, the SC Court of Appeals affirmed the circuit court’s dismissal of Massey’s burglary first charges (technically, the court quashed the indictment).. Massey was accused of entering a storage building on the alleged victim’s property and stealing a four-wheeler.