Q:

What is first degree burglary?

A:

Quick Answer

First degree burglary is defined as forcibly breaking and entering into someone's home, while persons are in the home, with the sole intent of committing a crime, as stated by attorney Adam R. Banner. The offender forcibly gains entry by breaking a door, window, wall, locks or bolts.

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What is first degree burglary?
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Full Answer

According to Banner, the first degree charge is leveled only when the residence is occupied during the crime. Carrying a dangerous weapon while committing a break-in or having one or more accomplices assist with the burglary can merit a first degree charge. In addition, picking locks or using a false set of keys to unlock outer doors and windows are grounds to charge offenders in the first degree.

Under the New York penal code, an offender who physically harms a person in any way while entering, inside or leaving a dwelling is charged with first degree burglary, as stated by Crotty Sand Attorneys at Law. Offenders can be charged with this count even if an innocent party sustains minor injuries. New York also comes down hard on carrying a firearm to the scene of the crime. Even if only one offender brings a gun, all of the participating offenders get the highest burglary charge.

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Related Questions

  • Q:

    What is second degree burglary?

    A:

    Second degree burglary is a criminal charge often considered a lesser charge than first degree burglary. However, the exact requirements and sentences for second degree burglary vary based on individual state laws.

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  • Q:

    What is the difference between first and second degree burglary?

    A:

    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.

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  • Q:

    What is the punishment for burglary of a habitation in Texas?

    A:

    As of 2014, the punishment for burglary of a habitation in Texas is a sentence of two to 20 years in state prison and a fine of up to $10,000, according to FindLaw. Burglary of a habitation is a felony of the second degree, the most serious classification of burglary.

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  • Q:

    What is third-degree burglary?

    A:

    Third-degree burglary, known as burglary in the third degree, is the act of breaking into or unlawfully entering a building or automobile with the intent to steal something. In burglary in the third degree, the actual act of stealing does not take place because the individual is caught prior to stealing.

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