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Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires that the accused be in a dwelling and armed with a weapon or have intent to cause injury. [40] A related offense, criminal trespass, covers unlawful entry to buildings or premises without the intent to commit a crime, and is a misdemeanor or ...
Second-degree burglary: Second-degree burglary is similar to first-degree burglary, but involves entering a non-residence such as a business premise or buildings detached from homes such as sheds.
Most jurisdictions recognize at least two degrees of murder in statute. Usually, first-degree murder requires express malice. Any other type of murder reflects implied malice. Felony murder is a crime where a death results from the crime and is typically first-degree, but may be second-degree. [17]
Under Penal Code Section 190.2, “special circumstances”, all murders committed during the commission, attempted commission, or immediate flight of any of the listed felonies also qualify as a special circumstance for the charge of first degree murder with special circumstances.
First degree robbery 1–20 years in prison and a $15,000 fine. If it involves an occupied motor vehicle, 3–60 years in prison Second degree robbery 1–10 years in prison and a $10,000 fine. If it involves an occupied motor vehicle, 3–30 years in prison Third degree robbery 1–5 years in prison and a $5,000 fine.
This is broadly the approach taken by the Model Penal Code, although the Code identifies only three degrees of felony. [13] In Texas, all felonies are more severe than either infractions or misdemeanors and are classified in capital felonies, first degree felonies, second degree felonies, third degree felonies and State jail felonies. [14]
First degree felony murder is defined as a homicide committed by a participant against someone other than another participant, who is committing or attempting to commit (including during immediate flight from the crime) one of the following crimes: (1) robbery in the first or second degree, (2) rape in the first or second degree, (3) burglary in the first degree, (4) arson in the first or ...
Hazlett III was arrested at his home and charged with second-degree murder, burglary and kidnapping. He is being held at the Pine County Sheriff’s Office on $3 million bauk, according to jail ...