Things You Need to Know About Burglary

  • Burglary crimes involve the entering of a “dwelling” with the “intent to commit a crime.”
  • A dwelling is considered a building usually occupied by someone living there at night. The term “building” includes:
    • Watercraft.
    • Aircraft.
    • Trailer.
    • Sleeping car.
    • Railroad car.
  • Burglary can get punishable under five different statutes.
  • Depending on the conduct involved it constitutes Class B, C, or D felony.
  • If the crime involves a weapon, a mandatory minimum sentence of one to five years applies.
  • Also, it is a crime to manufacture or possess burglar’s tools (Class A misdemeanor).
  • You can be 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.

Classifications

First Degree Burglary

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

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

In addition, this is a Class B felony. A five-year minimum mandatory sentence applies if the person carried weapons such as guns.

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.

Also, this is a Class C felony. Punishments include a 1-10 year prison sentence.

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.

In addition, 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. The consequences for this offense are a fine and 1-5 years in prison.

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.

Also, this is a Class D felony with a one-year mandatory minimum sentence.

For more information on this crime, contact our office. We can help you through this situation and make sure that you have a solid defense.