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First degree burglary involves entering a building to commit a felony while armed or threatening harm. It can also apply to theft with the display of a weapon. Laws vary by area and may include deadly weapons. Intent must be proven, and shoplifting can also be considered burglary in some cases.
First degree burglary refers to entering a building to commit a felony or burglary while armed with a pistol, threaten the occupants with a firearm or explosive device, or harm someone while committing the crime. The definition usually applies to any structure, vessel or vehicle occupied by a person not involved in the crime. First degree theft also applies to criminals displaying what appears to be a weapon before, during, or after entering the premises.
In some regions, first-degree burglary is called forced entry and does not require a person to be injured during the crime. If a person not involved in the crime is in a house or other dwelling, the person breaking in can be charged with first degree burglary in these jurisdictions. Burglary laws vary by area, but are commonly considered felonies due to the potential danger and fear suffered by the victims.
Laws in various jurisdictions may refer to a deadly weapon instead of a firearm when defining the parameters of first degree burglary. The classifications of a lethal weapon also vary, but generally include knives with a blade of a certain length, maces, and brass knuckles. In some areas, a slingshot is considered a deadly weapon capable of causing death or serious personal injury.
A person convicted of first-degree burglary could also face an increase in his sentence. Laws in some areas provide for the sentence to be doubled if someone uses a firearm or deadly weapon while committing a crime. It is generally up to a judge or jury to determine whether a weapon used in a burglary qualifies as a deadly weapon under the law.
Intent is another dark part of first-degree burglary law. A prosecutor must prove that a defendant intended to commit a burglary or other crime before entering a facility. If the offender is in possession of burglary tools, intent could easily be demonstrated. Generally, another felony need not be completed during the first degree burglary for the charge to be collected. For example, a person might enter a home intending to assault the resident but simply argue with him or her.
Shoplifting can be considered burglary in some regions. Intent in these cases may be difficult to prove unless the criminal took something to a store to conceal the stolen goods. It may be difficult to determine at what point a thief decided to steal something, before entering the store or while inside. If intent cannot be demonstrated in these cases, it may amount to simple theft.
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