Burglary is the unauthorized entry into a building with the intent to commit a crime, 16-11-310. There are three degrees of burglary. First degree is the most serious and is punishable by a minimum of 15 years in prison and a maximum of life in prison. Second Degree Burglary is punishable by a maximum of 15 years in prison. Third Degree Burglary is punishable by a maximum of 5 years in prison. Certain factors decide whether a burglary is First, Second or Third Degree. Generally, breaking into a residence with an aggravating factor (at night or with a weapon) results in Burglary First Degree. Breaking into a residence without an aggravating factor results in Burglary Second Degree. Breaking into a business will generally result in a charge of Burglary Third Degree, however if there is an aggravating factor (at night or with a weapon) the charge will be Burglary Second Degree. These are just a few examples of the aggravating circumstances regarding burglaries. You need an experienced attorney who knows the law and knows how to investigate the allegations against you in order to advise you and defend in a burglary case. To read a complete description of the statutory language, click here. If you need an experienced criminal attorney, call Derek Enderlin or Susannah Ross.
