A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein. … Burglary in the second degree is a
class 3 felony
.
What is an example of second degree burglary?
While breaking and entering an occupied structure where no persons are present, the person is in possession of dangerous weapon, explosive, or incendiary material or the result is bodily injury to any person – for example, a
neighbor or passerby
who appeared after noticing suspicious activity.
How serious is 2nd degree burglary?
Punishment. Burglary, even second degree burglary, is
almost always a felony
(a crime punishable by incarceration in state prison and, oftentimes, a fine). … In state where second degree burglary is a home invasion burglary, then second degree burglary may be punishable by as much as ten or 25 years in prison.
Is 2nd degree burglary worse than 1st degree?
Each state has its own rules, regulations, and sentencing guidelines.
First degree burglary is generally punished more harshly than second degree burglary
, although the difference is quite minimal. A prison sentence of up to 25 years as well as fines and restitution may be imposed.
What does second degree burglary mean?
Every person who breaks and enters any building or any part of any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel or other structure or erection,
in which any property is kept, or breaks into or forcibly opens, any coin operated or vending machine or device with intent to steal any
…
What is the difference between 1st 2nd and 3rd degree burglary?
The primary difference between third and the remaining degrees is that
there are no aggravating factors present
. In other words, third degree is plain burglary, but second and first degrees involve the use of weapons or deadly weapons.
What is the sentence for 2nd 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.
Is a garage a dwelling burglary?
According to the Panel, ‘a
domestic burglary
is a burglary committed in a “dwelling”, which may be a house, a flat, or a domestic outhouse or garage linked to the dwelling by a connecting door’.
What does in the second degree mean?
: the level of a crime that is less than first degree and deserves less severe punishment He was charged with
assault in
the second degree.
What is second degree felony?
Felonies are divided into four degrees based on their severity. One of these is called a second-degree felony, which is
reserved for serious crimes such as arson or robbery
. A second-degree felony can result in serious fines and possible prison time.
What is the most serious type of burglary?
First-degree burglary
is the most serious of the four burglary charges and can carry a sentence of up to 20 years in prison. This type of burglary generally involves unlawfully entering or staying in a building with the intent to commit a crime against a person or property within.
How do you beat a burglary charge?
Commonly,
proving a lack of intent
is the most effective way to beat a burglary charge. A burglary conviction rests on the ability of the prosecution to prove, beyond a reasonable doubt, that the accused intended to commit theft or another felony while in the residential or nonresidential structure or yard.
What is 1st 2nd and 3rd degree robbery?
Third-degree robbery occurs when a
criminal uses force or
a weapon to take someone else’s property. A person is guilty of second-degree robbery if they commit the act with an accomplice and/or cause minor injury to a victim with a deadly weapon while committing the robbery.
What is burglary in the first?
Burglary in the first degree refers
to all residential burglaries
. For example, if a person enters another person’s home to commit grand theft or rape a person inside, the defendant will be charged with first-degree residential burglary.
What is home invasion 2nd degree?
A person
who breaks and enters a dwelling or who enters a
dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the …
What are the different degrees of burglary?
There are four kinds of burglaries:
first-, second-, third- and fourth-degree
. All are felonies except for fourth-degree, which is a misdemeanor. First-degree burglary generally involves entering someone’s home intending to commit theft or violence.
