The words actually refer to different crimes, with their own legal definitions and penalties. So, to answer the question, the family home has been burglarized. The Crime of Robbery Robbery is a crime where someone takes something of value directly from someone else. While laws vary by state, the typical elements of the crime are: taking money or property directly from someone without permission with the intent to keep the property permanently through the use of force or intimidation.
The Crime of Burglary States also define burglary slightly differently. But the offense usually has the following elements: illegally entering a building usually a home or business with the intent to steal something or commit a felony while inside. Theft, Force, and Fear As you can see above, robbery and burglary have distinct elements. Theft Although burglary often involves theft , a person doesn't have to steal anything to be convicted of the crime. Force or Fear Burglary and robbery also differ when it comes to the use of force.
Potential Penalties As with the definitions of robbery and burglary, penalties vary by state. Penalties for Robbery In most states, robbery is always a felony. Penalties for Burglary As with robbery, in most cases burglary is a felony. State laws tend to divide burglary into different levels of seriousness, depending on such factors as: the type of crime the burglar intended to commit inside the building whether the burglar was armed with a weapon the type of building involved, and whether the building was occupied at the time.
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Please choose a category from the list. Please select a city from the list and choose a category. Please enter a valid zip code or city. Please select a city from the list. Connecting …. Are You a Lawyer? Grow Your Practice. Contents Is a Burglary a Felony or a Misdemeanor? What are the Punishments and Penalties for Burglary? What is Mandatory Sentencing for Burglary?
What is Alternative Sentencing for Burglary? Jose Rivera Managing Editor Editor. Last Updated: Jan 30, Choose Your Legal Category: Family. Burglary is a serious charge. If you face burglary charges, consult with an experienced criminal defense attorney before making decisions about your case.
Many states classify burglary offenses by the severity of the crime or risk of bodily harm involved. Typically, residential burglaries carry harsher penalties than nonresidential burglaries, because a burglary of a home carries a higher risk of an individual being present and harmed.
States often increase burglary penalties if the residence is occupied, the intruder carried a weapon, or someone in the home was injured. Consult the chart below to get information for burglary and home invasion laws by state. Note that the chart provides a range of maximum penalties available for burglary offenses in that state; it does not list all the possible penalties. State law typically sets a maximum sentence for a crime, but the actual punishment imposed will depend on the circumstances of the crime and the offender's criminal history.
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Call us at 1 Burglary: Charges, Penalties, and Sentencing. The legal definition of burglary covers a broad range of conduct. Learn what conduct is considered burglary and the possible penalties involved.
What Constitutes Burglary? Entering a Building or Structure It used to be that burglary laws applied only when someone broke into another person's house or dwelling. Illegal Entry The prosecutor must also prove that the accused entered the building illegally or without permission. Use of Force Burglary in some states also involves " breaking " into the building.
Intent to Commit a Felony or Theft To convict someone of burglary, a prosecutor must prove that the person unlawfully entered the building with the intent to commit a felony or a theft. Penalties Burglary offenses are serious crimes and typically charged as felonies, though some states allow for misdemeanor burglary charges in certain situations. Talk to a Lawyer Burglary is a serious charge.
The maximum penalties range from ten years to life in prison. Alaska Burglary is classified as a class B or C felony offense. The maximum penalties range from five to ten years in prison. Arizona Burglary is classified as a class 2, 3, or 4 felony offense. The maximum penalties range from eight to 21 years in prison. Arkansas Aggravated residential burglary is classified as a class Y felony, with a minimum prison sentence of ten years and a maximum life sentence.
Other types of burglary are classified as class B or C felonies, with maximum prison sentences ranging from ten to 20 years. California Burglary with explosives is punishable by three, five, or seven years in prison. First-degree burglary of an inhabited dwelling is punishable by two, four, or six years in prison. Second-degree burglary offenses carry up to one year's imprisonment. Colorado Burglary is classified as a class 3, 4, or 5 felony.
The maximum penalties range from three to 12 years in prison. Connecticut Home invasion is classified as a class A felony. Penalties range from ten to 25 years in prison. Other types of burglary are classified as class B, C, or D felonies, with maximum penalties ranging from five to 20 years in prison.
The maximum penalties range from three to 25 years in prison. District of Columbia D. Burglary is classified as a first- or second-degree offense. The maximum penalties range from 15 to 30 years in prison. Florida Burglary is classified as a first-, second-, or third-degree felony.
The maximum penalties range from five years to life in prison. Georgia Burglary is classified as a first- or second-degree offense. The maximum penalties range from five to 20 years in prison. Hawaii Burglary is classified as a class B or C felony. Idaho Burglary carries a maximum sentence of ten years in prison, while burglary with explosives carries a maximum sentence of 25 years in prison.
Illinois Home invasion is classified as a Class X felony. Penalties range from six to 30 years in prison and 30 to 60 years for extended term sentences. Other types of burglary are classified as class 1, 2, or 3 felonies, with maximum penalties ranging from five to 15 years in prison and ten to 30 years for extended term sentences.
Indiana Burglary is classified as a level 1, 2, 3, 4, or 5 felony. The maximum penalties range from six to 40 years in prison. Iowa Burglary is classified as a class B, C, or D felony. The maximum penalties range from five to 25 years in prison. Kansas Burglary is classified as a severity level 4, 5, or 7 person felony or a severity level 5, 7, or 9 nonperson felony. The maximum penalties range from 17 months to Kentucky Burglary is classified as a class B, C, or D felony.
Louisiana Home invasion carries a maximum penalty of 30 years in prison. Simple burglary of an inhabited dwelling carries a maximum year sentence. Aggravated burglary carries a maximum year sentence. Maine Burglary is classified as a class A, B, or C crime.
The maximum penalties range from five to 30 years in prison. Maryland Home invasion carries a maximum penalty of 25 years in prison. Other types of burglary are classified as first-, second-, third-, or fourth-degree crimes, with maximum penalties ranging from three to 20 years in prison.
Massachusetts Armed burglary involving a firearm carries a sentence of 15 years to life in prison. Other armed burglaries carry prison sentences of ten years to life, and unarmed burglary carries a maximum penalty ranging from five to 20 years in prison.
Michigan Home invasion can be classified as a first-, second-, or third-degree crime, with maximum penalties ranging from five to 20 years in prison. Other types of burglary carry maximum penalties ranging from five to 30 years in prison. Minnesota Burglary is classified as a first-, second-, third-, or fourth-degree crime.
The maximum penalties range from one year and a day to 20 years in prison. Mississippi Home invasion burglary carries a penalty ranging from three to 25 years in prison.
Other types of burglary carry maximum penalties ranging from seven to 40 years in prison. Missouri Burglary is classified as a class B or D felony.
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