Have you been charged with Burglary?
People often confuse the crime of burglary with other crimes, especially with the crime of robbery. That is probably because burglary makes it illegal to enter certain structures, vehicles, or other modes of transportation with the intent to carry out any felony or a misdemeanor petty theft.
It is the physical entry with the intent to commit a felonious crime (or petty theft) that constitutes the crime of burglary. The crime the burglar intends to commit does not even need to be actually committed for the crime of burglary to occur. Let’s say someone enters a house with the intention to murder someone but the murder is thwarted and no one is killed. While in that scenario the actual murder did not occur, the burglary did.
First Degree Burglary
A first degree burglary occurs whenever someone enters a structure that is inhabited. This might be a house, an apartment, an RV, a houseboat, a tent or sometimes just a separate room within a structure. Other structures may also be considered “inhabited” under this statute; all that is required is that someone is currently living in the structure. The inhabitant does not need to be there for a burglary to be charged.
Second Degree Burglary
It is a second degree burglary when someone enters a structure that is not currently being lived in, for example a storage shed or a business or enters a locked vehicle or other mode of transportation such as a railroad car or an airplane, with the intent to carry out a felonious crime or a petty theft.
Under certain circumstances, for example when a victim suffers great bodily injury during a burglary, the sentence for burglary can be enhanced, meaning a longer potential prison sentence.
First degree burglary is punishable by imprisonment in state prison and Second degree burglary carries a sentence of county jail and/or probation (if charged as a misdemeanor) or imprisonment in a county jail (if charged as a felony).
Crosland, Rapaport & Graham are criminal defense attorneys with proven results and we promise to vigorously defend your rights to the full extent of the law. We have successfully defended hundreds of clients to help them protect their rights and to help get their lives back.
For a confidential consultation about Burglary charges, contact Crosland, Rapaport & Graham at