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.

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 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.

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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 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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