Omar Bennett
The penalties for attempted burglary vary depending on the degree of the crime and the state in which it is committed. In New York, for example, a person commits burglary in the third degree by unlawfully entering or remaining in a building with the intent to commit a crime inside. This offense is classified as a Class D felony, punishable by up to seven years in prison and a $5,000 fine or double the amount gained from the crime. Similarly, in California, burglary is defined as entering a structure with the intent to commit a felony, and it can be charged as either a felony or a misdemeanor, depending on the circumstances. First-degree burglary, typically involving residences, is often considered a felony, while second-degree burglary may be charged as either a misdemeanor or a felony. The penalties for attempted burglary in California can range from one year in county jail to several years in state prison, depending on the degree and the defendant's prior convictions. Understanding the specific laws and penalties for attempted burglary in a particular state is crucial, as they can significantly impact the consequences of the crime.
| Characteristics | Values |
|---|---|
| Crime | Attempted Burglary |
| Applicable Laws | Varies by state, e.g., New York, California |
| Definition of Burglary | Unlawfully entering or remaining in a building with the intent to commit a felony or theft |
| Building Definition | Includes any structure, vehicle, or watercraft used for overnight lodging, business, or as an elementary or secondary school; or any enclosed motor truck or trailer |
| Degrees of Burglary | First, Second, and Third Degree (varies by state) |
| First-Degree Burglary | Usually involves homes and dwellings |
| Second-Degree Burglary | Usually involves commercial buildings |
| Third-Degree Burglary | Varies by state; in New York, it involves knowingly entering or remaining unlawfully in a building with the intent to commit a crime |
| Punishment for Attempted Burglary | One felony class lower than the completed offense |
| Punishment for Felony Burglary | Typically more than one year in state prison and fines of $100,000 or more |
| Punishment for Misdemeanor Burglary | Up to one year in jail and fines of less than $1,000 |
| Defenses | Mistaken identity, alibi, lack of intent to steal or commit a felony, mistake of fact |
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What You'll Learn
Burglary conviction fines
In the state of New York, burglary is divided into three classifications, with harsher penalties for burglaries involving dwellings or a serious risk of harm to victims. Third-degree burglary, which involves knowingly entering or remaining unlawfully in a building with the intent to commit a crime, is a class D felony punishable by up to seven years in prison and a $5,000 fine or double the amount gained from the crime. Second-degree burglary, which involves unlawfully entering or remaining in a dwelling with the intent to commit a crime, carries penalties of up to 15 years in prison. First-degree burglary, which involves dwellings and aggravating factors such as being armed or causing physical injury, is a class B felony punishable by up to 25 years in prison and a fine.
In other states, the penalties for felony burglary convictions can be even more severe, with prison sentences ranging from 20 years to life in prison. Fines for felony burglary convictions can be significant, with amounts ranging from $2,000 to $100,000 or more, depending on the state and the specific circumstances of the case. Misdemeanor burglary convictions, on the other hand, typically result in shorter jail sentences of up to one year and fines of less than $1,000.
It is important to note that the sentencing process for burglary convictions considers various factors, including aggravating and mitigating circumstances, prior criminal records, and local laws, which can differ widely from state to state.
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Prison sentences
The prison sentence for burglary varies depending on the state, degree of burglary, and circumstances of the case. Burglary is typically charged as a felony, but some states allow for misdemeanor charges in certain situations. For example, in California, burglary is considered a "wobbler", meaning it can be charged as either a felony or a misdemeanor depending on the circumstances.
First-degree burglary usually involves homes and dwellings, while second-degree burglary involves commercial buildings. Burglary of a dwelling is usually punished more severely than burglary of other structures. In California, first-degree burglary is typically charged as a felony, with a prison sentence of two, four, or six years. Second-degree burglary can be charged as a misdemeanor, with a maximum jail sentence of one year, or a felony, with a state prison sentence of up to three years.
In New York, burglary offenses are divided into three classifications, with harsher penalties for offenses involving dwellings or serious risk of harm to victims. Burglary in the third degree is a class D felony, carrying up to seven years in prison. Second-degree burglary is also a felony, but the specific class and penalties are not mentioned. First-degree burglary is a class B felony, carrying up to 25 years in prison. Attempted burglary is penalized one felony class lower than the completed offense. For example, attempted burglary in the first degree is classified as a class C felony.
In general, a felony burglary conviction can result in a prison sentence of over one year, with some states imposing sentences of 20 years or more. Misdemeanor burglary convictions carry a maximum jail sentence of one year.
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First-degree burglary
California
In California, first-degree burglary is a felony offense under Penal Code 460 PC. It involves unlawfully entering an "inhabited dwelling place" with the intent to commit theft or a felony. The perpetrator does not need to commit a felony once inside to be charged with first-degree burglary.
South Carolina
In South Carolina, first-degree burglary is a felony offense under South Carolina Code 16-11-311. It involves the defendant unlawfully entering the residential dwelling of another person at nighttime, with the intent to commit a crime once inside, or the defendant has a prior record of burglary offenses.
New York
New York divides burglary offenses into three classifications, with harsher penalties for burglary involving a dwelling or serious risk of harm to victims. First-degree burglary is a class B felony, carrying up to 25 years in prison and a fine.
Delaware
In Delaware, first-degree burglary is a class C felony. A person convicted of burglary in the first degree shall receive a minimum sentence of 1 year at Level V. If the person is armed with explosives or a deadly weapon, or causes physical injury to a non-participant, it becomes a class B felony.
The specific penalties and classifications for burglary offenses vary from state to state, but generally, first-degree burglary is considered a more severe crime than second-degree burglary and is often charged as a felony.
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Second-degree burglary
Burglary is typically classified into different degrees based on the severity of the crime. The specifics of the case determine whether a second-degree burglary conviction will result in a misdemeanour or felony charge. Misdemeanours can lead to up to one year in jail, while felonies can result in longer prison sentences, fines, and restitution to the victim. A criminal record from a burglary conviction can also have long-term effects on employment and housing opportunities.
In California, burglary law (under Penal Code 459) is divided into "first-degree burglary" and "second-degree burglary". First-degree burglary refers to the burglary of a residence, while second-degree burglary involves the burglary of any other type of structure, including stores and businesses. According to California's Penal Code 459, a burglary occurs when a person enters a building, room, locked vehicle, or structure with the intent to commit a felony or theft.
In New York, a person commits second-degree burglary by unlawfully entering or remaining in a dwelling with the intent to commit a crime. This is classified as a class D felony, which can carry up to seven years in prison and a fine.
It is important to note that the punishment for burglary varies from state to state, and the specific circumstances of each case will determine the severity of the charge and the resulting penalties.
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Third-degree burglary
Burglary is typically classified as a felony, although some states allow for misdemeanor burglary charges in certain situations. The punishment for burglary varies from state to state, but most burglary convictions carry a possible prison sentence. A conviction for a felony burglary offense typically carries a sentence of more than one year in state prison. Fines for felony burglary can also be significant, amounting to $100,000 or more.
In New York, for example, third-degree burglary is classified as a Class D felony, which carries a penalty of up to seven years in prison and a $5,000 fine or double the amount gained from the crime. This is a less severe penalty compared to second-degree burglary, which involves unlawfully entering or remaining in a dwelling with the intent to commit a crime. First-degree burglary in New York involves additional aggravating factors, such as the defendant being armed or causing physical injury to a person who is not a participant in the crime, and carries even harsher penalties of up to 25 years in prison and a fine.
It is important to note that the specific elements required to prove third-degree burglary may vary by state. In New York, the prosecutor must prove beyond a reasonable doubt that the defendant unlawfully entered or remained in a "building" with the intent to commit a crime. The definition of a "building" in New York is broad and includes any structure, vehicle, or watercraft used for overnight lodging, carrying on business, or as an elementary or secondary school, as well as any enclosed motor truck or trailer.
The defenses to a charge of third-degree burglary may include mistaken identity, alibi, and lack of intent to steal or commit a felony at the time of entry. For example, if a person enters a house without permission but does not intend to steal or commit another felony, they may not be guilty of burglary, even if they later take something while inside.
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Frequently asked questions
Burglary is the act of unlawfully entering a building or structure with the intent to commit a crime, while attempted burglary involves the intention to commit a crime but does not necessarily involve entering the building or structure.
The prosecutor must prove that the defendant unlawfully entered a "building" with the intent to commit a felony or theft. The term "building" is broadly defined and includes structures, vehicles, or watercraft used for lodging, business, or education.
Burglary offenses are typically charged as felonies, but they can also be classified as misdemeanors in certain states. Burglary is often divided into degrees, with first-degree burglary involving homes and dwellings, and second-degree burglary involving commercial buildings.
The penalties for attempted burglary vary depending on the degree of burglary attempted. For example, attempted first-degree burglary is typically classified as a Class C felony, while attempted second-degree burglary is a Class D felony, and attempted third-degree burglary is a Class E felony. The specific penalties can include prison sentences, fines, restitution, and probation.
