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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.
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