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.
Penalties for first-degree burglary. California first-degree (residential) burglary is always a felony. The potential consequences include a state prison sentence of two (2), four (4) or six (6) years. 4. Penalties for second-degree burglary. Second-degree (commercial) burglary is what is known as a wobbler in California law. This means that it ...
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 ...
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 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).
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 burglary in the first degree mean? It can mean varying things according to the wording of the statute by your state's legislature. GENERALLY, it describes a criminal act that was ...
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.
This means that at the point the defendant enters the building, the facts must show that the defendant intended to either steal something or commit an additional crime of violence. First degree burglary is a felony and carries a maximum penalty of twenty (20) years incarceration. Second Degree Burglary