Justice for all
Burglary laws vary from state to state. In most jurisdictions, the offense of burglary has been assigned three distinct categories, according to the severity level of the offense. Burglary 2, or second degree burglary, is the category designation for an offense determined to be the second most severe. There are certain circumstances which must exist within the offense which are used to determine exactly which category applies in any given instance.
Burglary
The offense of burglary has been committed if the perpetrator illegally breaks and enters or remains inside, any "building or dwelling" with the intent to commit a crime. The term burglary is not meant to imply that theft occurred or was intended. The intent to commit any crime is sufficient to support the charge.
Possession of a Weapon
The offense is second degree burglary if the perpetrator has in his possession a weapon or explosive device during the commission of a burglary.
Dwelling is Occupied
The offense is second degree burglary if the perpetrator illegally enters or remains within a building which is occupied during the act, or if the building is a "dwelling".
An Injury Occurs
The offense is second degree burglary if any person other than the perpetrator is injured during the act or during the perpetrator's escape.
Threats Are Made
The offense is second degree burglary if the perpetrator uses or threatens to use a dangerous weapon or explosive, or even displays what appears to be a firearm of any kind.
Summary
If any or all of the above situations exist--the dwelling is occupied, the possession of a weapon by the perpetrator, the injury of a non-participant, the threat of the use or the display of a weapon--then the offense is considered to be second degree burglary, and is further designated a Class C felony.
If, however, the level of severity is greater--for instance, if the perpetrator displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or any type of firearm which is subsequently determined to have been loaded, and capable of producing death, then the level of severity rises and the offense is determined to be first degree burglary, a Class B felony.
If no weapon is used, if the structure is not a dwelling, and was not occupied, and no injury occurred, then the offense is categorized as third degree burglary, a Class D felony.
