What is 2nd Degree Burglary?
Definition and Explanation
Burglary is a serious crime that involves breaking and entering into a property with the intent to commit a crime. In most jurisdictions, burglary is divided into two main categories: first-degree burglary and second-degree burglary. First-degree burglary typically involves breaking and entering into a dwelling, such as a home or apartment, with the intent to commit a felony, such as assault or theft. Second-degree burglary, on the other hand, involves breaking and entering into a property that is not a dwelling, such as a business or an unoccupied structure.
Key Elements of 2nd Degree Burglary
To prove second-degree burglary, the prosecution must establish the following elements:
• Breaking and entering: The defendant must have broken and entered into the property without permission.
• Property: The property must be one that is not a dwelling, such as a business, a storage facility, or an unoccupied structure.
• Intent to commit a crime: The defendant must have intended to commit a crime, such as theft or vandalism, while inside the property.
Types of 2nd Degree Burglary
There are several types of second-degree burglary, including:
• Business burglary: Breaking and entering into a business, such as a store or office, with the intent to commit a crime.
• Commercial burglary: Breaking and entering into a commercial property, such as a warehouse or storage facility, with the intent to commit a crime.
• Residential burglary: Breaking and entering into a non-dwelling residential property, such as a vacation home or a rental property, with the intent to commit a crime.
• Vacant property burglary: Breaking and entering into a vacant property, such as an abandoned building or a property that is currently unoccupied, with the intent to commit a crime.
Consequences of 2nd Degree Burglary
Second-degree burglary is typically considered a felony offense, and the consequences can be severe. Penalties may include:
| Jurisdiction | Penalties |
|---|---|
| California | 2-5 years in prison, fine up to $10,000 |
| Florida | 3-15 years in prison, fine up to $10,000 |
| New York | 1-7 years in prison, fine up to $5,000 |
Defenses to 2nd Degree Burglary
While the prosecution must establish the elements of second-degree burglary, the defendant may have various defenses to the charge. These may include:
• Lack of intent: The defendant may argue that they did not intend to commit a crime while inside the property.
• Legal entry: The defendant may argue that they had a legal right to enter the property, such as through a lawful contract or agreement.
• Mistake of fact: The defendant may argue that they believed the property was vacant or abandoned, or that they believed they had permission to enter the property.
Conclusion
Second-degree burglary is a serious crime that can have severe consequences. It is essential to understand the elements and types of second-degree burglary, as well as the penalties and defenses that may apply. If you have been charged with second-degree burglary, it is crucial to consult with an experienced criminal defense attorney who can help you navigate the legal system and build a strong defense.
