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Second Degree Burglary – Knowing the Charges and Penalties
Robert Stahle • July 10, 2018
Burglary is a very serious crime that can be charged as either a misdemeanor or felony depending on the circumstances of the case. Many states, including Iowa and Nebraska, define burglary in the exact same way, with varying degrees of charges that are defined by the specific elements of the alleged crime.
Second degree burglary is considered a felony, and if convicted, can be punishable with up to 10 years in prison. Cases of second degree burglary aren’t always as simple as they seem and include detailed elements that are crucial for a defense. Let’s take a closer look at second degree burglary and how it’s defined.
What Is Burglary?
Burglary is a crime that involves any person, without the right, license or privilege to do so, entering an occupied structure with the intent to commit a felony, theft or assault. This includes occupied structures that are not open to the public or remaining in a structure after it has been closed to the public.
To constitute a crime of burglary, three elements must be present:
- Building or Structure:
To be considered burglary, a structure or building must be involved. Crimes of
burglary against residential structures are often viewed more seriously than
those against commercial businesses. In many cases, a charge of burglary
includes crimes that were committed in the curtilage of the property, for
example the yard area of a residential home.
- Breaking and Entering:
This involves using some force, including picking a lock or breaking a window
to enter the property. Constructive breaking, which is gaining entry through
threats or blackmail, also applies. Entry must be made without consent for a
charge of burglary to stand.
- Intent:
There must
have been intent to enter to commit the crime. Proving intent is a major
component of a burglary case.
What Constitutes a Second-Degree Burglary Charge?
Aside from first degree burglary, a charge of second degree is the most serious and carries with it the potential for a lengthy prison sentence and a felony record. Many people often associate burglary with stealing, and while that’s often the intent, evidence of theft doesn’t need to be present for a second-degree charge.
Second degree burglary occurs:
- While breaking and
entering an occupied structure where no persons are present, the person is in
possession of dangerous weapon, explosive, or incendiary material or the result
is bodily injury to any person – for example, a neighbor or passerby who
appeared after noticing suspicious activity.
- When breaking and entering a structure where at least one person is present, the person is not in possession of a dangerous weapon, explosive, or incendiary material and no bodily harm is caused to any person.
If a perpetrator attempted either of the above acts, but were unsuccessful, they can still be charged with attempted second-degree burglary which is considered a class D felony.
Understanding Your Rights in a Second-Degree Burglary Charge
A second-degree burglary charged is considered a felony, and you are entitled to the best legal representation to defend your case. We’re the legal team with experience defending our clients’ freedoms against burglary charges. Contact Fitch & Stahle Law Offices today to request a free consultation.
Legal Steps You Should Take The moments after a car accident are chaotic and frightening—but when you realize the other driver may be drunk, the fear and uncertainty intensify. You may be injured, confused, and unsure of what to do next. Taking the right steps immediately after the accident can significantly affect your ability to recover physically, emotionally, and financially. At Fitch & Stahle Law Firm , we’ve helped countless victims in Iowa and Nebraska who were hit by drunk drivers. If you ever find yourself in this situation, here’s what you need to know and do. 1. Call 911 Immediately Your safety and the safety of others come first. Call 911 to report the accident and request emergency medical assistance if anyone is injured. Make sure to inform the dispatcher if you suspect the other driver is impaired—this can ensure police respond quickly and gather critical evidence at the scene. When the officers arrive, give them an honest account of what happened, but avoid speculating or assigning blame. Stick to the facts. Law enforcement will perform sobriety tests or request a breathalyzer if they suspect intoxication, which is key evidence in your future claim. 2. Seek Medical Attention—Even If You Feel Fine Many injuries from auto accidents don’t show symptoms right away. Adrenaline can mask pain, and some injuries (like concussions or soft-tissue damage) take time to reveal themselves. Always get checked out by medical professionals at the scene or follow up immediately with your doctor. Having documented medical treatment is also essential for your legal case. Insurance companies often challenge claims that don’t have clear, timely medical records. 3. Gather Evidence at the Scene (If You Can) If you're physically able to, collect as much evidence at the scene as possible: Take photos of both vehicles, the accident site, and any visible injuries. Note the time, location, road conditions, and any nearby businesses or traffic cameras. Get the names and contact info of any witnesses. Write down anything you observe about the other driver—slurred speech, empty containers, erratic behavior. The more details you preserve early on, the stronger your claim will be. 4. Avoid Talking to Insurance Companies Without Legal Counsel After the accident, the at-fault driver's insurance company may reach out quickly. They may seem sympathetic, but their goal is to minimize their financial liability. Avoid giving recorded statements, signing any documents, or accepting a settlement before speaking to an attorney. Even your own insurance company may not act in your best interest if the claim involves underinsured or uninsured motorist coverage. A lawyer can handle these conversations and protect your rights. 5. Contact a Personal Injury Attorney Right Away Drunk driving accident cases can involve criminal and civil elements, multiple liable parties, and complex insurance policies. A qualified personal injury attorney can: Preserve evidence File paperwork on time Handle negotiations Represent you in court if needed At Fitch & Stahle , we know how to build a case that reflects the full impact of the crash—including medical bills, lost income, pain and suffering, and possible punitive damages . If you’ve been hit by a drunk driver in Iowa or Nebraska, don’t navigate the aftermath alone. Contact Fitch & Stahle Law Firm for a free consultation. We’ll walk you through every step, protect your rights, and fight for the full compensation you deserve.
When someone is injured by a drunk driver, the first question is often: “Will they go to jail?” Criminal charges such as DUI or OWI (Operating While Intoxicated) are often filed against the driver, especially if injuries or fatalities are involved. While this may result in fines, license suspension, or even jail time, the reality is this: a criminal case won’t pay your bills. To recover financial compensation for your injuries, you need to file a civil claim —a personal injury lawsuit. This is where true accountability happens for victims. At Fitch & Stahle Law Firm , we help people across Iowa and Nebraska navigate the civil justice system and pursue the compensation they need after a drunk driving accident. Here’s what you should know. Civil Cases Are Separate from Criminal Trials Many victims assume that if the driver is arrested and convicted of DUI, they’ll automatically be compensated. But criminal proceedings are about the state punishing the offender—not helping the victim recover. In fact, you can file a civil lawsuit even if the driver isn’t charged or convicted. While a conviction helps prove liability in civil court, it’s not required. Your personal injury attorney will build a case based on evidence of negligence and damages—whether or not the state takes action. What Damages Can You Recover in a Civil Claim? Civil cases allow victims to recover a broad range of compensatory damages , including: Emergency medical bills Ongoing treatment and rehabilitation Lost wages and future income Pain and suffering Mental anguish Vehicle and property damage Loss of enjoyment of life In many drunk driving cases, you may also be entitled to punitive damages . These are awarded to punish gross negligence—like driving with a high blood alcohol content or with prior DUI convictions. Punitive damages can dramatically increase your total compensation and serve as a warning to others. The Role of an Attorney in Building Your Case Civil lawsuits require a thorough investigation, documentation, and expert testimony. At Fitch & Stahle, we begin by collecting all the evidence: police reports, toxicology results, dashcam footage, witness statements, and medical records. If needed, we consult with accident reconstruction experts to establish what happened and why. We then calculate both economic damages (like medical bills) and non-economic damages (like emotional trauma), making sure no part of your suffering is overlooked. We also handle all communication with insurance companies and opposing counsel. Our team is skilled in negotiation and litigation, and we’re fully prepared to take your case to court if a fair settlement isn’t offered. When Third-Party Liability May Apply In some situations, additional parties may be held responsible. For example: Bars or restaurants that overserved the driver may be liable under dram shop laws Employers who allowed a known impaired driver to operate a company vehicle could also face liability We explore all angles to make sure you’re fully compensated. If you’ve been injured by a drunk driver in Sioux City or surrounding areas, the criminal justice system alone won’t protect your future. Let Fitch & Stahle Law Firm help you file a civil claim, recover full compensation, and hold the drunk driver—and any responsible parties—accountable. Contact us today for a free case review.