20 Apr 23

1st Degree Vs 2nd Degree Burglary What Are The Differences?

| by

Last Updated on: 4th August 2023, 08:24 pm

Understanding the Different Degrees of Burglary and Their Sentencing Guidelines

Burglary is a serious crime that can have severe consequences. As a nationwide law firm with extensive knowledge of the law, Spodek Law Group and Attorney Todd Spodek are here to help you navigate this complex legal situation. We understand that burglary comes in different degrees, each with its own set of sentencing guidelines. In this article, we will take an in-depth look at these degrees and their associated penalties.

The Four Degrees of Burglary

Burglary is considered a felony in all states except for fourth-degree burglary, which is classified as a misdemeanor. The four degrees of burglary include:

1) First Degree Burglary: This occurs when someone enters your home with the intent to commit violence or theft.
2) Second Degree Burglary: This involves entering any detached property such as sheds or garages with the same intention.
3) Third Degree Burglary: This happens when someone breaks into your property without clear intent or if it involves domestic issues.
4) Fourth Degree Burglary: This takes place when someone takes something from a home or business without intent, trespasses on private property, or enters with intent but does not commit burglary.

Grand Theft Charges

If during the commission of any degree of burglary mentioned above, possessions worth more than $1000 were taken away by the defendant; they could face grand theft charges carrying up to 25 years imprisonment.

First-Degree Burglary

First-degree burglary shares similarities with second-degree burglary but differs based on location. While first-degree burglaries occur within primary buildings like homes and offices; second-degree burglaries happen within auxiliary structures like sheds and garages. Most times first degree burglaries involve weapons such as guns or knives even though nothing may be stolen during entry into premises without permission intending to commit crimes can lead to being charged for first degree burglarly. It is important to note that in some states, the only difference between first and second-degree burglary is the presence of a weapon.

Sentencing Guidelines for First and Second Degree Burglary

If convicted of burglary, judges determine sentences based on state guidelines and regulations. Sentencing guidelines differ by state; some offer specific sentences while others provide a range leaving discretion to the judge to decide on sentencing. First-degree burglaries are punished more severely than second-degree ones with prison terms up to 25 years plus fines imposed. Judges consider statutory limits as well as any mitigating or aggravating factors when determining sentence length. For instance, targeting an elderly person could be considered an aggravating factor while taking full responsibility without past criminal records can be seen as a mitigating factor.

Defenses for First and Second Degree Burglary

At Spodek Law Group, our experienced defense lawyers work tirelessly to protect your rights by undermining prosecution’s cases against you using common defenses such as insufficient evidence, mistaken identity, lack of intent or reclaiming possessions/ownership claims. In most cases we try reducing charges from first or second degree burglaries which carry severe penalties downgrading them into third or fourth degrees resulting in significantly reduced sentences.

Contact Spodek Law Group Today

Facing charges of burglary can be overwhelming but at Spodek Law Group we have skilled professionals who will guide you through every step of this difficult time providing expert legal advice throughout your case proceedings ensuring best possible outcome for you! Contact us today if facing any legal issues related to burglary crimes so that we may help defend your rights effectively!