my soon to be ex-husband was convicted for 1st degree burglary and sentanced to 15 years. He claims he "just" broke into a house and took a wallet then used the credit card - 15 years seem harsh for that. My research shows 1st degree burglary involves a weapon and intent to harm. Does anyone out there know what makes a burglary 1st degree and not 2nd or 3rd degree?
2006-10-23 04:54:22 · 6 answers · asked by Janet MS 2 in Politics & Government ➔ Law Enforcement & Police
Hi, you didn't mention what state you are from, but in NY 1st degree burglary involves entering a dwelling with intent to commit a crime, and is either... (1) armed with explosives or a deadly weapon,,, (2) causes physical injury to a person there,,, (3) uses or threatens the use of a dangerous instrument,,,,,or (4)displays what appears to be a rifle, pistol or shotgun.
Serious violent felony here, a class B felony,,, 15 years is proper.
Don't forget the other felony... Grand Larceny of the credit card as well.
2006-10-24 03:07:47 · answer #1 · answered by Copper 2 · 0⤊ 0⤋
"just broke into a house???" I think you are right about the first degree involving a weapon with the intention of hurting or killing someone, illegal use of a credit card is a big deal tooooooo, I think first degree also means he planned it and then did it rather than just coming up on someone and taking something from them. did you know that it is legal for you to check his criminal history???do you know that you better do it or you might be in for a world of grief and who knows has he used your credit card, your identity. Isnt 1st degree a felony case? If so that will follow him for the rest of his life,employers can look up his history, you cant get an apartment sometimes if you are a convited felon.think about this and do your homework you can usually get a criminal history from your state department of corrections or there are lots of web sites you may have to pay $9-$30 dollare depending on the information available ,also court cases are public information and you should be able to get details from your court or sheriffs office
2006-10-23 05:11:11 · answer #2 · answered by g m 2 · 0⤊ 0⤋
Burglaries dedicated in a house are first-degree burglaries (residential housebreaking) and are in a number of of situations charged as a legal; all different sorts are 2d-degree burglaries that would want to correctly be charged as misdemeanors or felonies (commercial burglaries). because the storage replaced into unattached i believe that in California it is seen non-residential. It relies upon on the prosecutor and settle on even if this is going to flow down as first or 2d degree housebreaking. Oops sorry, i wager i replaced into incorrect about the choose figuring out.
2016-12-05 03:31:11 · answer #3 · answered by mehaffey 4 · 0⤊ 0⤋
In North Carolina, there are two degrees in the crime of burglary as defined in common law. If the crime be committed in a dwelling house, or in a room used as a sleeping apartment in any building, and any person is in the actual occupation of any part of said dwelling house or apartment at the time of the commission of such crime, it is burglary in the 1st degree.
2006-10-23 05:10:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
sounds like the type of person, you dont want to know.
it couldn`t be just burlary, for a starter, he used someones credit card, (here in australia, "that alone is fraud", not to mention, breaking and entering, tresspass, "plus" charges to numerous to mention.
2006-10-23 05:09:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋
it is just before second degree
2006-10-23 04:57:19 · answer #6 · answered by riseball 2 · 0⤊ 0⤋