Burglary is also known as "breaking and entering."
While specific details will vary from state to state, the term "burglary" typically refers to the the unlawful entry of a structure, dwelling or conveyance for the purpose of committing a crime. It is commonly referred to as "breaking and entering," though one does need to have actually broken anything in order to be found to have committed the crime.
Committing Burglary
One may be charged with burglary even if the structure was left open. A person may even be charged with burglary if he was initially given permission to be inside, if it can be shown the person entered with the intent to commit a crime and the initial permission was withdrawn. Burglary differs from trepassing in that burglary requires the intent to committ another crime. Any other crime that is committed such as theft, assault, or battery is a separate charge.
Criminal Classification
Burglary is a criminal offense and is a felony in most states. A felony is any crime that is punishable by imprisonment in a state penitentiary or prison, for a term of one year or more. There bare different levels, or degrees, of felonies, depending on the seriousness of the crime. The applicable prison sentence and potential fine increases with each level. Likewise, burglary is usually classified as either burglary in the first degree or burglary in the second degree.
Burglary Two
"Burglary Two," or second-degree burglary, may also be known as simple burglary. It generally involves the unlawful entering of an unoccupied structure, such as a business, shed, or barn, a dwelling such as house or apartment, or a conveyance, such as a car or truck while unarmed. Burglary Two is typically a second-degree felony, and depending on the state may carry a punishment of up to 15 years in prison.
Burglary One
"Burglary One," or first-degree burglary, is a felony of the first degree. A conviction of Burglary One may carry a punishment of imprisonment for up to 30 years. The elements of Burglary One are the same as Burglary Two. However, other facts of the case aggravate the offense. For example, if a a person is armed when they commit a burglary, the crime will be aggravated to Burglary One. Additionally, if the dwelling, structure or conveyance is occupied by anyone at the time the burglary is committed, the person will be guilty of Burglary One. Other aggravating factors may include causing damage to the structure or dwelling in excess of a certain amount of money or using a motor vehicle to cause damage to the building in order to gain entry.
