Third Degree Theft (aka Theft 3) is a gross misdemeanor. A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein (residence or non-residence), 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. First degree burglary will carry the highest penalties because it is considered the most serious offense. (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; Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires that the accused be in a dwelling and armed with a weapon or have intent to cause injury. In some regions, first-degree burglary is called breaking and entering and does not require that a person be hurt during the crime. Regardless, the maximum sentence for this type of crime is three years in county jail. First-Degree Theft (RCW §9A.56.030) may be charged if the property or services stolen: Exceeds $5,000 in value (other than a firearm) Second-degree burglary occurs when a defendant unlawfully enters or remains in an occupied dwelling with intent to commit a crime. Second-degree burglary offenses carry up to one year's imprisonment. [36] For the prosecution to prove a burglary charge, it must be proven that the defendant entered the property without permission and had specific intent to commit a crime once inside. In most instances, Class 3 Felony First-Degree Burglary can carry a presumptive range of prison (DOC) from four to 12 years and that includes a mandatory five-year parole term. 1. The court sometimes treats second-degree burglary as a misdemeanor. Burglary in the first degree § 140.30 Burglary in the first degree. Colorado: Burglary is classified as a class 3, 4, or 5 felony. (a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in an occupied dwelling with intent to commit a crime therein. First-Degree Burglary Is More Serious than Second-Degree Burglary. A conviction of first-degree burglary is punishable by two, four or six years in prison. 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 flight therefrom, he or another participant in the crime: Three-Strike Law. MD Crim Law Code § 6-202 (2016) What's This? For instance, someone may not take the idea of first degree burglary much more serious than second degree burglary. Even third degree burglary, which is the least serious of all three burglary … California is currently enforcing its three-strike law against those convicted of burglary. The maximum penalties range from three to 12 years in prison. It is defined as breaking and entering into a house or structure where typically a person resides, while a person is inside, with the intent to commit a crime once they have entered. First Degree Burglary is also an eighty-five (85%) crime. First Degree Burglary This crime in Maryland is defined as the breaking and entering of another person’s dwelling with the intent to commit theft or a crime of violence. CRS 18-4-202 is the Colorado law that defines first-degree burglary as knowingly entering another’s property with the intent to commit a crime, and committing an assault on someone or having a deadly weapon.As the most serious burglary crime, first-degree burglary is a class 3 felony that carries 4 to 12 years in prison and/or $3,000 to $750,000 in fines. Second (2nd) Degree Burglary on the otherhand only carries from two (2) to seven (7) years and is a non-eighty-five perecent crime. 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. Burglary in the First Degree, New York Penal Law 140.30, is the most serious and significant degree of Burglary offenses handled by criminal defense attorneys from the boroughs of NYC to the suburban counties, cities and towns of the Hudson Valley. LegalMatch looks forward to helping you … First Degree Burglary carries a minimum of 7 years in prison and a maximum of 20 years in prison. Burglary in the third degree is a less severe offense than second degree and first-degree burglary charges. (a) Breaking and entering with intent to commit theft prohibited. It is best to consult a Georgia criminal law lawyer to advise you of your lawsuit defenses. The offender forcibly gains entry by breaking a door, window, wall, locks or bolts. In most of all state laws, the first part of the crime will state the person entered the dwelling with criminal intent. Oftentimes many people believe that the degrees of a crime are not that important. First Degree Burglary is the most serious burglary offense in Oklahoma. First degree typically requires proof of one of the following elements: That the defendant is armed with a deadly weapon; Second degree burglary is a second degree felony, which is punishable by up to 15 years in prison and $10,000 in fines. First-degree burglary of an inhabited dwelling is punishable by two, four, or six years in prison. First degree burglary is a first degree felony in Florida, which is punishable by up to life in prison. In Utah, first degree burglary also covers aggravated burglary and comes with a penalties and a sentence of 5 years to life in prison or a fine up to $10,000. It is a class a felony. This is the definition of a “dwelling” under the statute. First-degree burglary is always considered a felony in the state of California. Note that the dwelling must belong to another person; you cannot commit a burglary by forcing your way into your own home, even if you intend to commit a crime once you are inside. First-degree burglary is a class B felony, punishable by one to 20 years’ incarceration and a $15,000 fine. The timing of the intent can be important when determining the degree of a burglary charge. According to Penal Code 459 PC, burglary itself is the act of entering any commercial or residential structure or locked vehicle with the intent to commit grand theft, petty theft or any felony once inside. This makes the charge more serious than second-degree burglary. -- A person may not break and enter the dwelling of another with the intent to commit theft. This means that at the point the defendant enters the building, the facts must show that the defendant intended to either steal something or commit an additional crime of violence. This is the most serious type of Burglary charge in Colorado and is most often filed as a class 3 felony (F3). Burglary in the first degree. First Degree Burglary: First degree is the most serious out of the four and it comes with severe penalties, including a prison sentence of 15 years or longer. If it’s a vacant commercial building, then it’s not going to reach the level of first degree burglary. In many cases, a first-time offender may be subject to a third-degree burglary charge if he or she knowingly entered a building with the intent to commit the crime. First degree burglary is considered a strike under California Penal Code Section 1192.5, and carries a much harsher sentence than second degree burglary. As the most egregious of burglary offenses with the harshest punishment, first-degree burglary is a serious felony that can come with a lengthy prison sentence. Fighting First and Second Degree Burglary in Oklahoma begins with understanding the difference between the two charges. So, state to state, the definitions and penalties vary. 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. A “dwelling” is an expansive definition, including a house, room, shop, warehouse, tent, railroad car, cargo container, camper and select other locations. First-degree burglary is a felony offense in California. In short, the charge is for unlawfully entering any home, business or property with the intent to commit a crime. § 140.30 Burglary in the first degree. First degree burglary consists of breaking and entering into a dwelling (a house or structure normally occupied by a person) while a person is inside, with the intent to commit a crime once inside. First of all, in order to prove a burglary in the first degree, the State must prove that the structure entered was designed or intended for occupancy for residential use. Laws about first degree burglary … Burglary in the first degree in Georgia is breaking in vacant or occupied properties such as houses, vehicle, or buildings. A related offense, criminal trespass, covers unlawful entry to buildings or premises without the intent to commit a crime, and is a misdemeanor or, in the third degree, a violation. 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