Second degree burglary is any burglary that does not take place in an inhabited dwelling place, commonly called commercial burglary. Commercial burglary usually takes place in businesses. You can be charged with commercial burglary when you have the specific intent to steal something from a store when you walk in the door. Typically, commercial burglaries will be charged as misdemeanors when the value of the property taken is less than $400.00. If the value is over $400.00 then the burglaries will be charged as felonies. So, you can be charged for misdemeanor commercial burglary when stealing something as little as a pack of gum. The maximum penalty for misdemeanor commercial burglary is one year in the county jail, although the penalties are often much less than that. If the value of the property is over $400.00 you will most likely be charged with a felony
The Key Issue for Burglary is Intent
Can the state prove that there was an intent to steal? If the state can’t prove intent to steal then charges will most likely be dismissed or the defendant will be found not guilty at trial.
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