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.

Know More
What is first degree burglary?
Credit: Chris Fertnig E+ Getty Images

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.


Is this answer helpful?

Similar Questions

  • Q:

    What is fourth degree burglary in Maryland?

    A:

    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 >
    Filed Under:
  • 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.

    Full Answer >
    Filed Under:
  • Q:

    What is a third degree felony in Texas?

    A:

    A third degree felony is a crime that carries a penalty of 2 to 10 years of imprisonment and a fine of up to $10,000. Some examples of third degree felonies in Texas include possession of 5 to 50 pounds of marijuana and a drive-by shooting with no injury.

    Full Answer >
    Filed Under:
  • Q:

    What is fourth degree sexual assault?

    A:

    Fourth degree sexual assault is defined as sexual contact with an individual who has not given consent. It is considered a Class A misdemeanor and is not considered a violent sexual assault. Sexual contact in a fourth degree sexual assault consists of intentionally touching intimate areas of the body and/or penetration with the hands.

    Full Answer >
    Filed Under:

Explore