Burglary Charges

Burglary in the First Degree

A person commits burglary in the first degree if the individual violates the provisions of burglary in either the second or third degree AND knowingly possesses explosives, a deadly weapon, or a dangerous instrument while committing any theft or any felony.

However, depending on the location of the burglary, the class of felony may change. For example, if the burglary is committed against a nonresidential structure or a fenced commercial or residential yard, this can be charged as a Class 3 felony. Further, if the crime was committed in a residential structure, it may result in a Class 2 felony.

Burglary in the Second Degree

A person commits burglary in the second degree by breaking and entering, or remaining unlawfully in or on, a residential structure with the intent to commit any theft or any felony therein. Burglary in the second degree is a Class 3 felony.

Burglary in the Third Degree

A person commits burglary in the third degree by breaking and entering, or remaining unlawfully in or on, a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony. This classification also includes a person making entry into any part of a motor vehicle, by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle. Burglary in the third degree is a Class 4 felony.

Possession of Burglary Tools

A person commits possession of burglary tools by possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary and intending to use the item for that purpose. They could also buy, sell, transfer, possess or use a motor vehicle manipulation key or master key. Possession of burglary tools is a Class 6 felony.