There are multiple different types of offenses that are categorized as property crimes, and they usually involve taking or damaging someone else’s property. In addition to facing criminal charges for larceny or theft, a person may also be charged with burglary, which involves entering someone else’s property with the intent of committing a crime. Those who have been accused of these types of offenses will want to understand the specific charges that may apply in their situation and the potential consequences they could face if they are convicted.
Burglary and Related Offenses
Burglary charges may apply in situations where someone enters a building, vehicle, watercraft, trailer, railroad car, or another structure while planning to commit a crime inside that building. Burglary offenses are grouped into three categories:
- First-degree burglary - This charge will apply if a person was armed with a deadly weapon or explosives, if they inflicted bodily injury on someone else or attempted to do so, or if they entered or remained in a building at night. This offense is a Class B felony with a mandatory minimum sentence of five years. The maximum sentence is 20 years with a fine of up to $15,000.
- Second-degree burglary - This charge will apply if a person allegedly committed burglary while another person who was not participating in the crime was in the building. This offense is a Class C felony, which can result in a prison sentence of 1 to 10 years and a fine of up to $10,000. If a person was armed with a firearm and either used or threatened to use it against someone else, they will face a mandatory minimum sentence of one year that cannot be suspended or reduced.
- Third-degree burglary - This charge will apply in any other situations where a person entered or remained in a building unlawfully with the intent of committing a crime. This offense is a Class D felony, which can result in a prison sentence of one to five years and a fine of up to $5,000. If a person was armed with a firearm and either used or threatened to use it against someone else, they will face a mandatory minimum sentence of one year that cannot be suspended or reduced.
If, while committing burglary, a person allegedly committed or attempted to commit a felony against someone else who was in the building (other than a person who was participating in the crime), the offense a person is charged with may be elevated to home invasion. This is a Class A felony with a mandatory minimum sentence of 10 years and a maximum sentence of 25 years, as well as a fine of up to $20,000.
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