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.
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:
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:
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.
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.