By: Arthur Hall
Submitted: 2011-05-27 16:20:44 | Word Count: 629
Burglary 2nd degree is a felony that is committed in a commercial establishment. The following article will discuss what is 2nd degree burglary and the jail time associated with this kind of felony.
The act of breaking and entering a building, commercial or residential, with the purpose of committing a crime like theft is called as burglary. In the United States, burglary is considered to be a felony or misdemeanor. It involves entering a building or automobile, trespassing, theft and unlawful entry with an intention to commit crime or theft. This is a statutory offense, even if there is nothing stolen. A burglary can involve other crimes that include kidnapping, identity theft, arson, rape or violation of civil rights. A burglary can be categorized under burglary 1st degree, burglary 2nd degree and burglary 3rd degree. The burglary 1st degree is the most serious offense and 3rd degree is somewhat lighter offense. In this article, we shall learn more about what is 2nd degree burglary.
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What is 2nd Degree Burglary
Second degree burglary is a theft that takes place in a commercial establishment, research center, business center or a structure like room, ship, vessel, car, vehicle, plane or any place that is used for or carrying out business. A burglary 2nd degree is also known as Commercial Burglary. The 1st degree burglary is the most serious offense and is charged when burglary is committed in a residential area or house where people live. The charges filed for burglary 2nd degree can either be as a misdemeanor or felony. The charges depend upon the value of the stolen goods. If the goods stolen are under $40,000 the charges are filed as a misdemeanor. Anything above $40,000 is charged under felony.
Burglary 2nd Degree Definition
The definition of 511.030 burglary in the second degree is as follows:
1. A person is guilty of burglary in the second degree when, the person with the intent to commit a crime, knowingly enters or remains unlawfully in a dwelling or vehicle.
2. Burglary in the second degree is a Class B felony.
Burglary 2nd Degree Jail Term
If one is convicted of burglary 2nd degree, jail time can vary from 16 months to maximum 2 to 3 years in the state prison. It will also attract maximum fine in case of burglary 2nd degree as a felony. In case of conviction of burglary 2nd degree as a misdemeanor, one may face up to 1 year in county jail and maximum of $1,000 fine.
If during the burglary 2nd degree or 1st degree, if one uses explosives or causes fire, one will be charged with felony. This will cause the person to face 3, 5 or 7 years in state prison. If a person inflicts 'great bodily injury' or significant injury to another person, it will lead to additional 3 to 6 years in state prison sentence. The number of additional years added, depends on the nature of injury and the nature of the victim.
If the circumstances were less serious than the typical case of burglaries, the convicted person was coerced or provoked to carry out the burglary and has no previous criminal record or has a mental health condition that will benefit from treatment, the judge may order a probation sentence.
This was some information related to burglary 2nd degree. This is an offense that attracts jail term and, if proven guilty, one can be sent to a state or county prison according to the charges. If anyone is charged with burglary 2nd degree, he/she needs to take the help of a criminal defense lawyer of the state you are prosecuted in. Each state may have different statutes regarding the offense. I hope this article has helped answer some of the questions regarding what is 2nd degree burglary.
