What Factors Can Lead to Harsher Penalties for Burglary?
The punishments for burglary can get more severe based on how the alleged crime occurred and whether or not someone was injured. A third-degree burglary charge can be a class D felony, even if no one is hurt or if the property robbed is unoccupied. In some cases, third-degree burglary will be considered an aggravated misdemeanor if the defendant is accused of stealing from a car or another motor vehicle.
Second-degree burglary is a class C felony. This requires one or more people to be present or the defendant to have a dangerous weapon. If someone gets hurt while the crime is being committed, the defendant is likely to face class B felony charges. Even just attempts to commit second-degree and first-degree burglary can result in felony charges.
What Are Common Punishments for Burglary?
Most convictions will result in jail time for the defendant. The type of felony is going to have a lot of impact on exactly how long the prison sentence can be. Attempted burglary charges can also mean a lengthy stay in prison.
Attempted third-degree burglary: This is an aggravated misdemeanor that could be punished with up to two years of jail time.
Third-degree: This felony can get you sent to jail for five years.
Attempted second-degree: Just attempting burglary and getting convicted of this felony charge can land you in prison for up to five years.
Second-degree: This more serious felony can get a defendant jailed for up to 10 years.
Attempted first-degree: This is a class C felony with a prison sentence of up to 10 years, with a minimum of three years of jail time if a dangerous weapon was used.
First-degree: The most serious burglary charge could get you sent to prison for up to 25 years.
When Should I Hire a Defense Attorney?
You should hire a defense attorney as soon as you are charged. Do not try to speak to the cops or explain yourself. They can just try to twist your words and use them against you. Let your lawyer do that talking so that they can protect your civil rights and stop you from potentially incriminating yourself.
Talk to Our Lawyers Today
If you are facing a felony charge, a conviction could derail your life and career. You need to take charges like these seriously, so contact Herting Law, PLLC and learn more about what our experienced defense attorneys can do for you.
