As of 2014 in California, first-degree burglary occurs at residences and second-degree burglary happens at commercial establishments where people do not live, according to Shouse California Law Group. Penalties for first-degree burglary are more than those of second-degree burglary, although laws change depending on state statutes, notes FindLaw.Know More
First-degree burglary carries a penalty of up to six years in prison in California, whereas second-degree burglary can be up to three years in prison depending on the circumstances of the crime. Second-degree burglary can be a felony or misdemeanor, based on a person's criminal record or past history, notes Shouse. Misdemeanor second-degree burglary has a one-year jail sentence.
First-degree burglary is also known as residential burglary, and second-degree burglary is also known as commercial burglary in California. Penalties are stiffer for residential burglary because there is a greater chance of harming someone living in the residence. The structure of a residence may be a house, apartment, mobile home, house boat or anywhere someone may live, according to the Law Offices of Seppi Esfandi.
As of 2014, other states have more than two degrees of burglary charges within their criminal codes. New York has an additional charge of third-degree burglary, notes FindLaw.
Maryland's penal code contains four degrees of burglary charges, and fourth-degree burglary is the only one listed as a misdemeanor, according to The Law Office of Raymond F. Anthracite. First-degree burglary in Maryland has a maximum 20-year prison sentence, as of 2014.Learn more about Crime
Petty theft, robbery, embezzlement, knowing reception of stolen property, identity theft, burglary and intellectual property theft are seven common types of theft. Theft comprises any unlawful taking of another person’s property without his permission.Full Answer >
Class C felonies in Oregon are the least serious felonies and include mail theft, second-degree burglary and promoting prostitution, according to NOLO's CriminalDefenseAttorney.com. A Class C felony carries a punishment of up to five years in prison and a fine of up to $125,000.Full Answer >
According to the criminal defense team of Silverman, Thompson, Slutkin and White, fourth degree burglary is the act of being inside a house or building of another without permission. This also includes entering a person's yard without his permission with the intent to steal from his yard or the attached house.Full Answer >
It is possible for burglary charges to be dropped if the defendant and his lawyer present a request to the court and the court agrees. The court's decision takes a variety of mitigating factors into consideration.Full Answer >