We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is First-Degree Burglary?

By Marlene Garcia
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

First-degree burglary refers to entering a building to commit a felony crime or theft while armed with a gun, threatening the occupants with a firearm or explosive device, or harming someone while committing the crime. The definition usually applies to any structure, boat, or vehicle occupied by a person not involved in the offense. First-degree burglary also applies to criminals who display what appears to be a weapon before, during, or after entering the premises.

In some regions, first-degree burglary is called breaking and entering and does not require that a person be hurt during the crime. If a person not involved in the offense 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 because of the potential danger and fear suffered by victims.

Laws in various jurisdictions might refer to a deadly weapon instead of a firearm when defining the parameters of first-degree burglary. Classifications of a deadly weapon also vary, but generally include knives with a blade of a certain length, clubs, and brass knuckles. In some areas, a slingshot is considered a deadly weapon capable of causing death or severe bodily harm.

A person convicted of first-degree burglary might also face an enhancement to his or her sentence. Laws in some areas provide for doubling the sentence if someone uses a firearm or deadly weapon while committing a crime. It is generally up to a judge or jury to determine if a weapon used during a burglary can be defined as a deadly weapon under the law.

Intent is another murky part of first-degree burglary law. A prosecutor must prove that a defendant intended to commit theft or another felony before entering a structure. If the offender has burglary tools in his or her possession, intent might be easily shown. Generally, another felony does not have to be completed during first-degree burglary for the charge to be levied. For example, a person might enter a home intending to assault the resident but simply argues with him or her.

Shoplifting can be considered burglary in some regions. Intent in these cases might be difficult to prove unless the criminal carried something into a store to conceal stolen merchandise. It might be hard to determine at what point a thief decided to steal something, whether before entering the store or while inside. If intent cannot be shown in these cases, it may constitute simple theft.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.