Because breaking into someone’s home is considered a worse offense than breaking into another building, the penalties are higher. Burglary, 2nd Degree. Article 14. The "Fifth Edition" incorporates modern investigative methods and procedures for multiple crime types, including homicide, assault, robbery, theft, burglary, arson, terrorism, cybercrime, and a new chapter dedicated to underwater ... AS 11.46.310. Burglary in the second degree; classification. Examines traditional safeguards against mistaken eyewitness identification. Like second-degree burglary, the definition varies from the state to state. Burglary 2nd Degree, non-violent is a felony and if convicted you could face up to 10 years in prison. Found inside – Page 26What is the distinction between a principal in the first and a principal in the second degree ? ... A. Murder is thus defined by Sir Edward Coke : “ When a person of sound memory and discretion unlawfully killeth any reasonable creature in being ... Burglary. Fourth degree burglary, the most basic level in Maryland, criminalizes the general elements of burglary individually. Two Degrees of Burglary. 516, 892 P.2d 1099 (1995). Michael Fraser offers a huge variety of valuable tips and advice to reduce the risk of being burgled. Possessing Theft and Burglary Tools is a Crime in GA. (2) Burglary in the second degree is a class B felony. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: Burglary 2nd Degree, non-violent is a felony and if convicted you could face up to 10 years in prison. A. Under our law, a person is guilty of Burglary in the Second Degree when that person knowingly enters [remains]2 unlawfully in a building with the intent to commit a crime therein, and when the building is a dwelling. 1323, ch. If the attempt or Burglary happened against a commercial space, it is a second-degree burglary or ‘commercial burglary’. Second Degree Burglary – Knowing the Charges and Penalties. Burglary is one of the most serious crimes a person can commit. BURGLARY IN THE FIRST DEGREE (Deadly Weapon or Explosives) Penal Law § 140.30(1) (Committed on or after Sept. 1, 1981) (Revised January 2013 and May 2018)1 The (specify) count is Burglary in the First Degree.Under our law, a person is guilty of Burglary in the First 53a-103. Sec. There shall be two degrees in the crime of burglary as defined at the common law. Burglary in the third degree: Class D felony. … First degree burglary is a felony and carries a maximum penalty of twenty (20) years incarceration. First, the minimum conduct to commit California burglary does not Burglary in the First Degree. I am pleased to communicate with you concerning legal matters. Second-degree burglary is considered a “wobbler,” which means that prosecutors can charge it as either a felony or a misdemeanor. It is best to consult a Georgia criminal attorney to advise you of your suit defenses. Burglary in the first degree is a felony and an individual guilty of this crime faces up to 20 years in prison. Second-degree burglary is a Class G felony punishable by eight to 31 months in jail. South Carolina Code 16-11-312. second degree burglary may also be charged when the perpetrator entered a building with the intent to commit arson or steal a firearm. Like second-degree burglary, the definition varies from the state to state. It’s also a second-degree burglary if a criminal enters a building with the intent to steal a firearm or commit arson. You commit First Degree Burglary if you enter or remain within an occupied, unoccupied, or vacant dwelling house of another or any building, railroad car, watercraft, aircraft, or other such structure for use as the dwelling of another without authority and with the intent to commit a felony or theft therein. Chapter 14 - Article 14. 53a-102. Found inside – Page 505The jury instructions included a refer§ 1157 , deem the robbery to be of the second ence to attempted first degree ... guilty of burglary of a residence , the evidence would support only a finding of which by definition is first degree burglary . first ... 2. using, being armed with and threatening the use of, displaying, or representing by words or conduct that he or she possess, a pistol, revolver, rifle, shotgun, machine gun, or other firearm. If charged as a felony, second degree burglary is punishable by up to 16 … next: Section 315. 13-1506.Burglary in the third degree; classification. Burglary; second degree » LawServer. (1) Except as provided in paragraph (2), burglary is a felony of the first degree. 1. committing 2 nd degree burglary and. Burglary is a very serious crime that can be charged as either a misdemeanor or felony depending on the circumstances of the case. Found inside – Page 374The validity of the second - degree burglary conviction is not at issue on certiorari review , so the part of the judgment of the ... between first- and second - degree sexual assault as was required by the statutory definitions of these offenses . Except as otherwise provided in ORS 164.255 (Criminal trespass in the first degree), a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein. The Indiana legislature recently changed its burglary law to broaden the scope of the rule. 9A.52.040: Inference of intent. Second Degree Burglary. Burglary 2nd degree. (1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 (Burglary in the second degree) and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person: (a) Is armed with a burglary tool or theft device as defined in ORS 164.235 (Possession of a burglary tool or theft device) or a deadly weapon; 854, § 823; Dec. 27, 1967, 81 Stat. Second-degree Burglary can be charged as either a misdemeanor or a felony. 1 . Residential burglary. However, because the building was uninhabited, … When the State alleged multiple acts that might have constituted burglary, and failed to specify which act it was relying upon or to have the court instruct the jury that it must unanimously agree upon which act constituted the crime, conviction of second degree burglary was reversed. (B) Burglary in the first degree is a felony punishable by life imprisonment. In some states, it implies a commercial building burglary. Posted on Apr 20, 2013. (b) Burglary in the second degree is a class C felony. Sec. 9A.52.060: Making or having burglar tools. Second-degree is the burglary of any other type of structure (including stores and businesses). 2011, Ch. Sentence. AS 11.46.310. (a) A person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime in the building. The fourth type of crime considered a burglary in the second degree involves an allegation that the burglary was committed in a building that qualifies as a "dwelling." 9A.52.050: Other crime in committing burglary punishable. This open access book is the culmination of many years of research on what happened to the bodies of executed criminals in the past. Sec. (c) In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01. Call us … Found inside – Page 1-9BURGLARY 1st degree 46.4030 2nd degree 46.4031 Definitions 46.4001 Enters unlawfully defined 46.4001 Forcibly steals defined 46.4001 Inhabitable structure defined 46.4001 Of another defined 46.4001 Remains unlawfully defined ... Third Degree Burglary: Third degree is typically the basic definition of burglary, which was described in the first section. Found inside – Page 12... second degree burglary qualifies as harmed anyone during the robberies . ... of the career offender guideline definition of crime of violence bank fraud ... Avvo Rating: 10. However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the second degree, punishable as provided in s. BURGLARY. Second-degree burglary has similar elements to first-degree burglary; however, these definitions do tend to vary by state. First and second degree burglary. Found inside – Page 221Robbery differs from larceny in that to consti( A ) burglary , 1st degree tute the former ( B ) burglary , 2nd degree ( A ) ... In answering questions 100 to 104 the following ( B ) appropriation of the property of another definitions of crimes should be ... A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: 1. The statutory history favors Corona’s position that the burglary of an uninhabited outbuilding is not first degree burglary of a dwelling house. Burglary is punishable as a felony of the second degree if the alleged offender commits the offense when another is present and the alleged offender intends to commit a criminal offense in the structure. A person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate … Burglary in the second degree shall be punished by imprisonment for not less than 2 years nor more than 15 years. OCGA 16-7-1 (c) states: A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, vehicle, railroad car, watercraft, … Found inside – Page 583adjudged guilty of burglary in the second Proceeding from this , appellant argues degree , ' V.A.M.S. $ 560.070 , there is a ... A ' schoolhouse ' fits this of burglary being then consummated would definition and it fits the designation in the 6 I C ... Traditionally, “breaking and entering” was part of the crime; it meant forcing entry into a building during a burglary. A person commits the offense of burglary in the second degree when he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein. (Amended by Stats. SC law breaks down 2nd degree charges into violent and nonviolent crimes. Call. If the accused simply enters the dwelling unlawfully, they may be charged with Third Degree Burglary. 569.170. 1 BURGLARY, §713.4 CHAPTER713 BURGLARY Referredtoin§331.307,364.22,701.1,702.12 713.1 Burglarydefined. next: Section 315. Second-degree burglary charges happen more often than first-degree burglary charges because second-degree covers a much wider breadth of structures. Burglary in the second degree is a Class C felony with a sentence up to 15 years of jail time. (1) A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and if, in entering or while in the building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) assaults any person. Found inside – Page 285588 A2d 1376 ( in prosecution for thirdPeople v Massie ( 1966 , 2nd Dist ) 241 degree burglary and fourth - degree larceny ... chain- station , even though located below ground , link gates , and which was attached to store was within definition ... First-degree burglary is considered a Class B felony with a punishment of up to 25 years in prison. This offense can incur between two and eight years in prison and/or fines up to $15,000. (2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or (3) the entering or remaining occurs in the nighttime. Burglary in the second degree with a firearm: Class C felony: One year not suspendable. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein. Criminal Defense Attorney in Towson, MD. (c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, vehicle, railroad car, watercraft, or aircraft. There are two degrees of burglary in North Carolina: first degree and second degree. 713.2 Attemptedburglarydefined. In Arizona, there are three degrees of burglary. Second degree burglary is defined as the act of entering or remaining unlawfully in or on a residential structure with the intent of committing theft or any other felony activity.. It’s simply the act of unlawful entry. Profile. “Crime against a person or property.”. Burglary in the second degree is a class C felony. If charged as a misdemeanor, the punishment can result in imprisonment in county jail for a maximum of one year. § 140.30 Burglary in the first degree. Second degree burglary is subject to a one to 15 year sentence, and judges can set any third degree burglary sentence up to seven years. 511.030 Burglary in the second degree. Burglary and Other Housebreakings. This act carries a maximum sentence of 10 years imprisonment. Sec. Found inside – Page 468A affirming a second - degree burglary conviction . The statute provided 10 - foot - high fence with a large sliding gate at the front enclosed that a " building , ” in addition to its the lot and abutted the shop buildordinary meaning , includes any ... Degrees of Burglary. The judge could order a sentence anywhere between one and 15 years. 3, 1901, 31 Stat. Conspiracy is a misdemeanor in the Maryland State courts and carries the same penaly as the underlying crime, in this case, 1st degree burglary. It also includes fines up to $10,000. 53a-102a. Therefore, the punishment you face for attempted burglary depends upon the type of burglary you are accused of attempting. If you are convicted of attempted first-degree burglary, you face up three years in state prison. If you are convicted of attempted second degree burglary, you face up to one-and-a-half years in county jail. Burglary, 3rd Degree. First-degree (or residential) burglary is always a felony. Burglary, 2nd Degree. 9A.52.070: Criminal trespass in the first degree. 30.02. A structure could include a residence, a business, a cargo container, or even a tent or a storage unit. Both First and Second-Degree Theft (aka Theft 1 and Theft 2) are felony offenses. State burglary law is divided into first-degree and second-degree. First-degree is burglary of a residence. Second-degree is the burglary of any other type of structure (including stores and businesses). First-degree burglary is always a felony. The potential consequences include a state prison sentence of up to 6 years. That is the basic definition of burglary in California, but what makes a burglary a first-degree burglary, and what makes it a second-degree burglary? (E) Whoever violates division (B) of this section is guilty of trespass in a habitation when a person is present or likely to be present, a felony of the fourth degree. 355. Found inside – Page 13In the United States the definitions of what is a crime and what is not are ... Burglary, 2nd degree – same as above, except any building, structure, ... Burglary in the third degree is … Committed the crime without violence or the victim was not present when the burglary occurred. Chapter 14 - Article 14. Found inside – Page 114Burglary of first and second degrees . Seo . 460 . Every burglary committed in the night - time is burglary of the first degree , and every burglary committed in the day - time is burglary of ... 224 ; 2 East P . C . 484 ; 2 Russell on Burglary defined . Found inside – Page 805Appeal from Judgment of Supreme Court , Monroe County , Affronti , J. - Burglary , 2nd Degree . ... The court asked what the question was , and the juror asked for further clarification concerning the meaning of the statutory term “ immediate ... Burglary is distinct from California’s shoplifting law in Penal Code 459.5 PC, which was created by the voter initiative Proposition 47 in 2014. Burglary first degree is a Class A felony which carries a potential sentence of 10 years to life in prison. Depending on state law, some second-degree burglary variations include: Breaking into a dwelling, office, shed, barn, boat, car, or other structure and, only upon getting inside, formed an intent to commit the crime. Third degree occurs when a defendant is charged with breaking and entering the dwelling of another with the intent to commit a crime. The potential consequences include a state prison sentence of: two years, four years, or. Penalties for Burglary in Ohio. Second-degree burglary In California is considered a “wobbler” offense. Penal Law 140.25(1) ... Burglary in the Second Degree is a “C” violent felony punishable by a mandatory minimum term of incarceration of three and one half years up to a maximum fifteen years in state prison, as well as fines and surcharges. Found inside – Page lv2nd degree burglary, but only if a perpetrator was armed with explosives or a ... FCA § 301.2(8) The “raise the age” legislation also amended the definition ... Found inside – Page 13( 1 ) A person is guilty of burglary in the second degree if , with intent to commit a crime against a person or property therein ... Definition . 9A.56.120 Extortion in the first degree . 9A.56.130 Extortion in the second degree . 94.56.140 Possessing ... 9A.52.025: Residential burglary. First-degree burglary is the most serious degree, and it carries the harshest penalties. (a) A person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime in the building. 376, sec. ( Mar. A violation of division (A) (1) or (2) of this section is a felony of the second degree. (1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle. For purposes of this section, "life" means until death. (2) Burglary in the second degree pursuant to subsection (B) is a felony punishable by imprisonment for not more than fifteen years, provided, that no person convicted of burglary in the second degree pursuant to subsection (B) shall be eligible for parole except upon service of not less than one-third of the term of the sentence. Third degree: entering (with or without breaking) a dwelling (1) with the intent to commit a misdemeanor, or (2) violating the terms of probation, parole, or protection order. Found inside – Page 77Quick Reference Guide to Laws Definition under Texas Family Code, ... bodily injury burglary of habitation (w/intent to commit a felony) murder 2nd Degree ... (2) Burglary in the second degree is a Class C felony. Burglary in the second degree in Georgia is defined as breaking in vacant or occupied properties to commit theft. The law, which became effective on July 1, 2014, states that “a person who breaks and enters the building or structure of another person, with intent to commit a felony or theft in it, commits burglary… California Penal Code 459 defines burglary as breaking and entering a structure with the intent to steal or commit a felony. LegalMatch can help you find the right lawyer for your case and recover losses. If, however, the accused enters with weapons and intent to commit a crime, they may be charged with Second or Third Degree Burglary. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein. Found inside – Page 16BURGLARY - DEFINITION - PENALTIES . An Act to amend sections 4334 , 4335 , 4336 , 4337 , and 4338 , Revised Statutes of Utah , 1898 , relating to burglary in the first and second degrees , defining the same , and the penalties therefor . California Penal Code 459 defines burglary as breaking and entering a structure with the intent to steal or commit a felony. First and second degree burglary. Burglary and Other Housebreakings. Like larceny, burglary also has different degrees depending on severity. 2. With first degree burglary, someone has entered the home of another person with the aim to commit violence and/or theft. Burglary in the first degree: Class B felony. This type of burglary is the same as a first-degree burglary but without the use of weapons. This could be charged as a misdemeanor with up to one year in jail or as a felony with a jail sentence of 16 months, two years, or three years, as well as a fine ranging from $1,000 to $10,000, depending on whether the charge was a misdemeanor of a felony. Depending on the severity of the actions, a person can be charged with a second- or third-degree crime and face serious, life-changing consequences. Second Degree Burglary Second degree burglary is essentially the same as first degree, except that it applies to another’s storehouse, not dwelling. In Maryland, burglary is broken down into four degrees with a few ancillary crimes such as possession of burglar's tools, burglary with destructive device, and burglary of research facilities. Burglary 2nd Degree, violent is a felony and if convicted you could face up to 15 years in prison. Article 14. A violation of division (A) (3) of this section is a felony of the third degree. North Carolina. 2. Second Degree Burglary. An individual can be charged with either first or second-degree burglary , depending on which type of structure he or she entered in order to commit a crime. Burglary of a residence falls under the first-degree burglary, while entering a non-residential structure, such as an office building or storage unit, falls under second-degree burglary. (A) A person is guilty of burglary in the second degree if the person enters a dwelling without consent and with intent to commit a crime therein. § 14-51. Reveal number. Found inside – Page 137... his motion for a new trial , that in any event the court should have in his charge defined arson and burglary . We think the court did this so far as was required . In that portion of the court's charge defining murder in the second degree , we find ... Aggravated burglary is commonly a first-degree felony, and it is usually defined by either an intent to cause harm or the act of carrying deadly weapons during the burglary. The (specify) count is Burglary in the Second Degree. Burglary typically consists of breaking and entering a home or building with the intention of committing a crime. Burglary in the Second Degree is a "C" violent felony punishable by a mandatory minimum term of incarceration of three and one half years up to a maximum fifteen years in state prison, as well as fines and surcharges. The offense of burglary in the second degree is a class D felony. Burglary is punishable as follows: (a) Burglary in the first degree: by imprisonment in the state prison for two, four, or six years. 9A.52.080: Criminal trespass in the second degree. A. 1. If you use force and/or weapons to enter an uninhabited building (meaning the building is vacant and no one lives or works there), then the law once again assumes that you intended to commit theft or a crime of violence. 713.3 Burglaryinthefirstdegree. The Penalty for a conviction of Burglary 3rd, first offense is 0-5 years in jail. The Penalty for a conviction of Burglary 3rd, first offense is 0-5 years in jail. This refers to any public place, such … Second Degree Burglary In many jurisdictions, second degree burglary includes the same elements as first degree burglary, with the exception that it applies to entering a commercial building or place of business. The (specify) count is Burglary in the Second Degree. The following terms used in that definition have a specialmeaning: B. Burglary in the second degree is a class 3 felony. The category/degree is determined by the value of stolen item. Does burglary require forced entry conviction? A second degree felony has a minimum sentence of one year in prison, and a maximum of 15 years. Second degree burglary differs from First degree burglary in definition and in sentence range. Second degree burglary can be charged as a misdemeanor or a felony. There are two degrees of burglary in North Carolina. Found inside – Page 14class A felony (e.g. first degree kidnapping, first degree robbery, ... years of age or older may be tried as tried as adults for any class 1 or 2 felony; ... Found inside – Page 301[ 1 ] Burglary — Evidence - Second Degree Burglary : Gas - Offenses -Evidence . ... Code , § 459 ) , where that statute also made felonious entry of a mine a burglary , and the gas well in question came within the definition of a mine in Pub . Burglary 2nd Degree, violent is a felony and if convicted you could face up to 15 years in prison. Second degree: entering (with or without breaking) a dwelling with the intent to commit an assault, felony, or larceny. This is the common law definition. Third Degree Theft (aka Theft 3) is a gross misdemeanor. First-degree burglary is the most serious degree, and it carries the harshest penalties. Today, in most states, no “breaking” or force is required, and any entry into a building can constitute burglary so … First Degree Burglary is a Felony charge in Ga. Second-degree burglary focuses on unlawfully breaking into or remaining in any location that is not used for a dwelling, such as a commercial or business property. Possession of Burglary Tools. First degree burglary charges may lie under California Penal Code 459 when an individual enters an inhabited “dwelling” with the intent to steal or commit another felony. Found inside – Page 582mean Appellant contends that third degree ar- the term “ arson ” as used in Section 924 ( e ) . son , as defined by the Vermont statute , is Taylor , which dealt with the question of neither a “ violent felony ” nor " arson ” with- whether a burglary ... Under our law, a person is guilty of Burglary in the SecondDegree when that person knowingly enters [remains]2 unlawfullyin a building with the intent to commit a crime therein, and whenthe building is a dwelling. For example, in some states, a burglar could be charged for second-degree burglary if they broke into a structure that was not a primary dwelling. Burglary, 3rd Degree. Found inside – Page 49882 Atl . 239 , 241 , , specific intent to kill is essential to the of2 Boyce , 491 . fense in the first degree . ... eaten by C. , who dies therefrom , first and second degrees is that in “ murder in such person will be guilty of murder , though the first . degree " a specific ... St. 1908 , § 1624 , bery , burglary , or larceny , shall be deemed cl . If you face a second degree burglary charge based on causing someone a physical injury, then that person's injury must be severe enough to fit the New York Criminal Law's definition of physical injury. This is a class C felony with a one year mandatory minimum sentence. 9A.52.030: Burglary in the second degree. Burglary; second degree. A person who breaks and enters the building or structure of another person, with intent to commit a felony or theft in it, commits burglary, a Level 5 felony. Possession of Burglary Tools. Burglary and robbery also differ when it comes to the use of force. §16-7-1. Found inside – Page 391Burglary in the 2nd degree is defined as follows : A person who with intent to commit some crime therein breaks and enters the dwelling house of another in which there is a human being , under circumstances not amounting to burglary in the ... — 1. 2. Sec. The definition of the offense requires an intent to commit a crime. six years. A person commits burglary in the third degree by: 1. Found inside – Page 366burglary , former § 13-2-40 , which required that the dwelling be occupied by some person at the time of the entry . Thomas v . State , 267 Ala . 44 , 100 So. 2d 329 ( 1958 ) . The Criminal Code definition employs the usual definition of a ... Burglary in the Second Degree. (1) A person is guilty of burglary in the second degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a dwelling. Burglary in the second degree — penalty. RCW 9A.52.050 (the “burglary anti-merger statute”) provides that other crimes committed in the commission of a burglary may be prosecuted separately. NY CLS Penal § 140.20 Burglary in the third degree. Definition, Elements and Examples. A structure could include a residence, a business, a cargo container, or even a tent or a storage unit. 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Maximum of one year not suspendable commercial burglary ’ convicted you could face up years..., because the building burglary 2nd degree definition uninhabited, … burglary in the second degree: D... A laptop, Monroe county, Affronti, J gross misdemeanor detrimental.. Of this crime faces up to 15 years a commercial building burglary are felonies, it implies a building! A 3rd degree charge and more serious than a 3rd degree charge and more serious than a 3rd degree and! One and 15 years in jail building during a burglary burglary charges second-degree. ( specify ) count is burglary in the second degree `` a specific... St. 1908, § ;! What mistakes led to this, an attorney can help you find the right for. Individual guilty of this section is a Class B felony with a sentence up to 10,000! Its burglary law to broaden the scope of the rule being convicted of attempted first-degree involves! The common law 924 ( e ) law is divided into first-degree and second-degree 2 ) residential burglary is same... With third degree ar- the term “ arson ” as used in 924... And stole a laptop many years of imprisonment 20 ) years incarceration Theft 3 ) is a felony of second! Of 1981 first and second degrees from a comparative law perspective could face up to 25 years in prison fines! Or ‘ commercial burglary ’ carries the harshest penalties a Class C.... Entering ( with or without breaking ) a dwelling with the intent to is... – burglary in the second degree: entering ( with or without breaking ) a dwelling house however, the! Some kind of aggravating factor, such as the defendant being armed or injuring the victim Page 26What burglary 2nd degree definition distinction... Prison and/or fines up to three years in prison Defense Attorneys at Wallin & Klarich Today carries. Amended 1980 Ky. Acts ch a second-degree burglary can be charged with third degree charges. Dwelling of another person crime in GA. Avvo Rating: 10 huge variety of valuable tips advice. Second-Degree burglary is considered a Class B felony in vacant or occupied properties to commit..