Each state will have different laws regarding how they determine the severity of the crime. For instance, what is considered first degree burglary in one state may be tried as second degree burglary in another state. The following are some general guidelines to determine whether someone would be guilty of a first degree burglary. Penalties vary too, but most first degree burglaries will have harsher sentences.
For all counts of burglary, the defendant of the crime has to knowingly enter a premise with the intent to commit a crime. According to Find Law, unlike theft and robbery, a burglary charge doesn’t require that the defendant actually leave with stolen property. In fact, not all burglary charges involve stolen goods. A defendant can be charged with burglary if the intent was another crime—including murder and sexual assault. At the very core of burglary is that an unlawful trespass occurred.
First Degree Burglary
First degree burglary will carry the highest penalties because it is considered the most serious offense. In most of all state laws, the first part of the crime will state the person entered the dwelling with criminal intent. To be guilty of first degree burglary in most states, the prosecutor must also prove one of the following:
- Defendant was armed with a deadly weapon or
- Caused physical injury to non-participants in the crime or
- Threatened use of a dangerous instrument or
- Displayed knife or firearm
In states like South Carolina, there are additional circumstances when a first degree burglary charge can be applied. For instance, first degree burglary can be leveled at a defendant with two or more prior burglary convictions. On the other hand, in California, for a person to be charged with first degree burglary, the court must prove that unlawful entry occurred in an inhabitated dwelling.
Being a victim of any type of burglary is a horrifying thought. Once a burglar enters the home unlawfully, there’s no telling what type of crime will take place. Although losing personal property and cash is a huge blow, if the burglary turns violent, the break-in can have devastating results.
According to the Missouri State Highway Patrol, “one burglary occurs every 12.4 minutes and 78.6 percent of burglaries take place at a residential dwelling.”
Although having a dog and choosing secure locks on your doors and windows can offer moderate protection against burglaries, the only surefire way to keep your home and family safe is with a monitored home security system. First of all, security systems act as deterrents for burglars and may stop your home from being a target. If a burglar does attempt to enter the home, authorities will be alerted and police will be called to the home.
Don’t trust any old company to protect your home. The professionals at Protect America can help get you set up with a complete monitored home security system. Security options include high-definition video surveillance, motion detectors, home automation, monitored smoke detectors, and window and door sensors. Call 1-800-951-5190 to find out more about their services and ask for a free quote.