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What is second degree burglary?

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Quick Answer

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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Full Answer

In the state of New York, second degree burglary involves an individual entering a building with the intent to commit a crime. The individual, or another person participating in the crime, either causes physical injury to a victim; is armed with a deadly weapon or explosives; threatens to use the weapon or explosives; actually uses the weapon or explosives; or displays a firearm. This is considered a class C felony in New York.

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Related Questions

  • Q:

    What is first degree burglary?

    A:

    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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  • 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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  • Q:

    What is the sentence for criminal trespassing?

    A:

    Sentencing for a charge of criminal trespassing depends on the degree of the charge, the state and court in which the charge is filed, and the defendant's criminal history. Unless the charge is a felony, most defendants are looking at a fine or probation, according to NOLO.

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