Burglary

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Burglary

Burglary crimes involve the entering of dwelling with the “intent to commit a crime.” A dwelling is a building usually occupied by someone lodging there at night. The term “building” includes:

  • Watercraft
  • Aircraft
  • Trailer
  • Sleeping car
  • Railroad car

Burglary is punishable under five different statutes. Depending on the conduct involved it could constitute a Class B, C, or D felony. If a weapon got involved, a mandatory minimum sentence of one to five years applies. It is also a crime to manufacture or possess burglar’s tools (Class A misdemeanor). You can get charged under the home invasion statute if someone is home during the burglary. Home invasion is a Class A felony, where 10 years of your sentence is mandatory time to serve

First Degree Burglary

A person commits this crime by entering or remaining unlawfully in a building with intent to commit a crime and either:

  • Had explosives, a deadly weapon, or a dangerous instrument or
  • Intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on someone while attempting to commit the offense or while fleeing.

This is a Class B felony. A five year minimum mandatory sentence applies if the person was armed.

Second Degree Burglary

A person commits this crime by either:

  • Entering or remaining unlawfully in a dwelling at night with intent to commit a crime or
  • Entering or remaining unlawfully in a dwelling with intent to commit a crime, while someone other than a participant in the crime is in the dwelling.

This is a Class C felony.

Classifications of burglary include first, second, and third degree burglary, as well as home invasion and burglary with a firearm.

Second Degree Burglary With a Firearm

A person commits this crime by:

  • Committing second degree burglary and
  • Using, being armed with and threatening the use of, displaying, or representing by words or conduct that they possess, a pistol, revolver, rifle, shotgun, machine gun, or other firearm.

This is a Class C felony with a one year mandatory minimum sentence.

Third Degree Burglary

A person commits this crime by entering or remaining unlawfully in a building with intent to commit a crime there. This is a Class D felony.

Third Degree Burglary With a Firearm

A person commits this crime by:

  • Committing third degree burglary and
  • Using, being armed with and threatening the use of, displaying, or representing by words or conduct that they possess, a pistol, revolver, rifle, shotgun, machine gun, or other firearm.

This is a Class D felony with a one year mandatory minimum sentence.

Home Invasion

A person commits this crime by:

  • Entering a dwelling with a person actually in it.
  • Has the intent to commit a crime within the dwelling.
  • Commits or attempts to commit a felony against the person within the dwelling.
  • If armed with explosives, a deadly weapon, or a dangerous instrument.

If you are charged with burglary, you could be facing serious penalties. So, to ensure that you get the best defense possible and have all of your questions answered, contact an attorney.

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