Introduction
Burglary is defined as the unlawful entering of a house, apartment, room, shop, warehouse, store, vessel, barn, or any other edifice with the intention of committing a theft, or committing any other felony.This is a decidedly broad definition and it means that an individual can be charged with burglary by merely entering any building with the perceived intent to commit a crime, even if he leaves without doing anything else that qualifies as a crime.
Burglary crimes are distinguished between first- and second-degree.
First-degree burglary
This type of charge results when an individual enters a house or any other aforementioned building that is considered to be inhabited. Prison sentences for convictions of first-degree burglary range from a minimum of two years to a maximum of six years.Second-degree burglary
Burglary of any other structure type will result in second-degree charges, and are considered "wobblers," as they can fall under the category of either a felony or a misdemeanor.The conviction of a misdemeanor burglary charge carries with it a term in county jail of less than one year. If you are found guilty of a felony burglary charge, the penalty can last for up to three years.
Robbery
Robbery involves the use of force or fear to take the personal property of another individual. Whereas burglary charges can fall under the category of either a felony or a misdemeanor, every robbery charge automatically is considered a felony.What differentiates robbery from burglary is that it must involve a person-to-person altercation with the use of coercion, force, or intimidation to steal the personal property of another.
First-degree robberies occur in any edifice that is considered inhabited. This includes houses, apartments, condominiums, trailers, and vessels. It also includes the passenger or driver of a public vehicle such as a taxicab, train, or subway. And it also includes people utilizing cash machines.
Convictions of first-degree robberies carry prison sentences of anywhere from three to nine years, all contingent on the circumstances.
All other types of robberies are considered second-degree and carry prison sentences of either two, three, or five years.
The importance of qualified counsel
Charges of burglary and robbery are grave. If you have been charged with one or both, it is absolutely imperative to retain the very best legal representation possible. Your life and your freedom depend on it.The attorneys at Zaire & Wade know the system works, the process, and the appropriate strategies to craft a practical defense. We are committed fully to fighting for the rights of our clients at all costs.
If you have been charged with burglary or robbery, or if you believe an arrest is imminent, please contact the experienced attorneys at the Law Office of Zaire & Wade today.
We can be reached 24 hours a day via e-mail.
