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What is First-Degree Burglary?

Marlene Garcia
Marlene Garcia

First-degree burglary refers to entering a building to commit a felony crime or theft while armed with a gun, threatening the occupants with a firearm or explosive device, or harming someone while committing the crime. The definition usually applies to any structure, boat, or vehicle occupied by a person not involved in the offense. First-degree burglary also applies to criminals who display what appears to be a weapon before, during, or after entering the premises.

In some regions, first-degree burglary is called breaking and entering and does not require that a person be hurt during the crime. If a person not involved in the offense is in a house or other dwelling, the person breaking in can be charged with first-degree burglary in these jurisdictions. Burglary laws vary by area, but are commonly considered felonies because of the potential danger and fear suffered by victims.

Committing a burglary while armed or injuring someone in the process leads to a charge of first-degree burglary.
Committing a burglary while armed or injuring someone in the process leads to a charge of first-degree burglary.

Laws in various jurisdictions might refer to a deadly weapon instead of a firearm when defining the parameters of first-degree burglary. Classifications of a deadly weapon also vary, but generally include knives with a blade of a certain length, clubs, and brass knuckles. In some areas, a slingshot is considered a deadly weapon capable of causing death or severe bodily harm.

In many places, first-degree burglary is defined by breaking and entering, regardless if anybody was hurt in the process.
In many places, first-degree burglary is defined by breaking and entering, regardless if anybody was hurt in the process.

A person convicted of first-degree burglary might also face an enhancement to his or her sentence. Laws in some areas provide for doubling the sentence if someone uses a firearm or deadly weapon while committing a crime. It is generally up to a judge or jury to determine if a weapon used during a burglary can be defined as a deadly weapon under the law.

Shoplifting is considered burglary in some regions.
Shoplifting is considered burglary in some regions.

Intent is another murky part of first-degree burglary law. A prosecutor must prove that a defendant intended to commit theft or another felony before entering a structure. If the offender has burglary tools in his or her possession, intent might be easily shown. Generally, another felony does not have to be completed during first-degree burglary for the charge to be levied. For example, a person might enter a home intending to assault the resident but simply argues with him or her.

Any theft while a person is armed with a gun is considered first-degree burglary.
Any theft while a person is armed with a gun is considered first-degree burglary.

Shoplifting can be considered burglary in some regions. Intent in these cases might be difficult to prove unless the criminal carried something into a store to conceal stolen merchandise. It might be hard to determine at what point a thief decided to steal something, whether before entering the store or while inside. If intent cannot be shown in these cases, it may constitute simple theft.

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    • Committing a burglary while armed or injuring someone in the process leads to a charge of first-degree burglary.
      By: ia_64
      Committing a burglary while armed or injuring someone in the process leads to a charge of first-degree burglary.
    • In many places, first-degree burglary is defined by breaking and entering, regardless if anybody was hurt in the process.
      By: Robert Hoetink
      In many places, first-degree burglary is defined by breaking and entering, regardless if anybody was hurt in the process.
    • Shoplifting is considered burglary in some regions.
      By: Steve Lovegrove
      Shoplifting is considered burglary in some regions.
    • Any theft while a person is armed with a gun is considered first-degree burglary.
      By: filodespada
      Any theft while a person is armed with a gun is considered first-degree burglary.