Burglary in the Second DegreeThe act of breaking and entering a building, commercial or residential, with the purpose of committing a crime like theft is called burglary. In this article, we will take a look at burglary in the second degree.

Burglary in the second degree is a theft that takes place in a commercial establishment, research center, business center or a structure like room, ship, vessel, car, vehicle, plane or any place that is used for or carrying out business. Burglary in the first degree is the most serious offense and is charged when burglary is committed in a residential area or house where people live. The charges filed for burglary can either be as a misdemeanor or felony. The charges depend upon the value of

the stolen goods. If the goods stolen are under $40,000 the charges are filed as a misdemeanor. Anything above $40,000 is charged under felony. The definition of 511.030 burglary in the second degree is as follows:

A person is guilty of burglary in the second degree when, the person with the intent to commit a crime, knowingly enters or remains unlawfully in a dwelling or vehicle.

Jail TermIf one is convicted of burglary in the second degree, jail time can vary from 16 months to maximum 2 to 3 years in the state prison. It will also attract maximum fine in case it is considered as a felony. In case of conviction as a misdemeanor, one may face up to 1 year in county jail and maximum of $1,000 fine.

If during the burglary, one uses explosives or causes fire, one will be charged with felony. This will cause the person to face 3, 5 or 7 years in state prison. If a person inflicts 'great bodily injury' or significant injury to another person, it will lead to additional 3 to 6 years in

state prison sentence. The number of additional years added, depends on the nature of injury and the nature of the victim.

If the circumstances were less serious than the typical case of burglaries, the convicted person was coerced or provoked to carry out the burglary and has no previous criminal record or has a mental health condition that will benefit from treatment, the judge may order a probation sentence.

By Batul Nafisa BaxamusaRead more at Buzzle: http://www.buzzle.com/articles/burglary-2nddegree.htmlBurglary Vs. RobberyThe following article will analyze burglary-robbery comparison, in order to explain the difference between these two concepts. Continue reading for more information about some of the prominent differences between the two.

Even though the terms burglary and robbery are used interchangeably in several circumstances, there is a significant difference between the two. While the term 'burglary' is used to refer to the unlawful entry into somebody's property with the intention of committing a felony or a theft, 'robbery' is attempting to take something valuable from the other person, using force or threat. The fact that the laws pertaining to such crimes differ from one area of jurisdiction to another, makes it difficult for people to understand what is the difference between them.

Burglary and Robbery: Definitions

In the long list of law terms, the term common law refers to the law which is developed on the basis of the decisions of courts, instead of legislative statutes or executive branch action. According to the common law, robbery is defined as the act of acquiring other person's property, with the intention of permanently depriving him of it, either by

means of force or by threatening. Burglary, on the other hand, is defined as breaking or entering somebody's property with the intention of committing a felony or theft. Such breaking into someone's house automatically amounts to burglary, irrespective of whether the act was actually committed or not. While the word property refers to valuables in the definition of robbery, the same in the definition of burglary refers to buildings and automobiles.

Burglary Vs Robbery: How do These Two Crimes Differ?

A burglary need not be a forcible entry, as the law states that even entering the premises of an individual through an open door, with the intention of committing a crime, can qualify for a burglary. Similarly, inserting any instrument inside the house with the intent of committing a theft is also deemed to be a burglary. These crimes need not necessarily amount to damage. If an individual enters a particular house, either by breaking open the door or by walking in through an open door, with the intention of committing a felony or

misdemeanor, it can amount to burglary. However, if the accused has entered the house by breaking open the door it amounts to forcible entry, and if he has just walked in through an open door it amounts to a non-forcible entry, both of which are taken into consideration when sentencing the accused.

The presence of the victim in person is the most important attribute of a robbery. The law also states that, the use of force or threat should be immediate. If a person points a knife at you, and asks you to part with your wallet, it can qualify for a robbery. On the other hand, if you are assaulted after the completion of the theft, it need not necessarily qualify for a robbery. Robbery is further classified into various degrees depending on the area of jurisdiction, and the type of weapon used. When the robber makes the victim believe that he has a weapon and robs him, it is referred to as aggravated robbery. The form of punishment in case of robbery depends on the severity of the crime and area of jurisdiction, with the maximum sentence up to life imprisonment.

Inability to differentiate between these two concepts can make the case weak for the plaintiff. Many a time, we come across cases wherein a person claims that his house was robbed in his absence. This is technically incorrect as the presence of the victim is mandatory for the particular crime to qualify as a robbery.Read more at Buzzle: http://www.buzzle.com/articles/burglary-vs-robbery.htmlBurglary ChargesA brief write-up stressing on the different charges whereby a person can be convicted for burglary which will put forth the rough details of the legalities involved. Read on...

We often come across cases wherein a people claim that their house was robbed in their absence, which is technically incorrect as the definition of 'robbery' states that it is the act of taking a valuable belonging to someone either by force or by threatening him. In other words, the presence of victim is mandatory for this crime to qualify as a robbery. If the crime is committed in the absence of the owner of the house, it technically qualifies as 'burglary'.

Burglary Definition

In common law, burglary is defined as an act of entering somebody's property with the intention of committing a felony or a theft. Whether the motive for which the accused entered the person's property was successful or not seldom matters, as long as the intention was to commit some crime. Similarly, the concept includes both - the forcible entry and walking in through an open door. In the aforementioned definition of burglary, the word property includes the residential premises, workplace as well as an automobile. For instance, if the person is

accused for breaking the window glass of the car with the intention of stealing the briefcase lying inside the car it amounts to burglary.

Burglary Charges

The charges for which a person can be convicted for burglary can be broadly categorized on the basis of three different degrees of burglary - the 1st degree, 2nd degree and the 3rd degree of burglary. The least severe among the three is the 3rd degree burglary. A felony or theft is considered to be a 3rd degree burglary when a person enters a non residential structure illegally with the intention of committing it. Similarly, when a person tries to barge into a vehicle with the use of duplicate key or master key, with the intent of committing a theft, it can also amount to a 3rd degree burglary. The 2nd degree burglary is a bit more severe than the 3rd degree, but less severe than the 1st degree burglary. An act of burglary can amount to 2nd degree burglary when the person enters a residential structure with the intent of committing a felony or a theft. The most severe amongst the three

types, the 1st degree burglary is the one wherein the person enters the residential structure with the intent of committing a felony or theft, and possesses any weapons to execute the same. The penal law in New York treats burglary as felony, irrespective of whether it is a 1st degree burglary or a 3rd degree burglary.

Burglary Sentences

The most prominent burglary consequences in the United States of America range from a simple fine and probation to imprisonment for life. The sentence awarded for the burglary will by and large depend on the severity of the crime, as well as the area of jurisdiction. If the person who intended to commit a theft or felony was carrying any weapon with him, it can amount to a 1st degree burglary which can result in life term in Florida. In the same jurisdiction, a person will be sentenced to 5 years imprisonment for a 3rd degree burglary and 15 years imprisonment for a 2nd degree burglary. In Virginia, the sentencing for burglary also depends on yet another factor - the time when the crime was committed. If a

2nd degree burglary was committed at night it can earn a harsher sentence for the convict than what it would for the same degree of crime during the day.

Though the terms burglary and robbery are often used interchangeably, there is a vast difference between the two. While a burglary can be charged in various ways mentioned above, robbery is charged as an armed robbery or aggravated robbery; and that makes the difference between the two criminal acts all the more obvious.Read more at Buzzle: http://www.buzzle.com/articles/burglary-charges.htmlCrime and Poverty PreventionCrime is the established cause and consequence of poverty. It ripples on in the form of insecurity and underdevelopment. The application of ways to prevent crime and ensure criminal justice primarily involves a thorough understanding of the relationship between crime and poverty.

Poverty only spells greater instability and enormous suffering - two basic factors that promote crime. This terrible relationship has resulted in extensive social damage in Central and South America, Western Asia and Africa, not leaving out certain regions in Europe. The developing and under developed nations are most vulnerable to the crime and poverty trap. One results from the other and together they have become an epidemic. Something beyond human comprehension and the only solution probably lies in the total eradication of poverty, which is going to take us quite a while.

The Effort toward Preventing Crime and Poverty

Step 1: The effort towards combating crime is

visible in a number of dedicated moves made by governments around the world. The drug control policy-making has been elevated to the next level and now a comprehensive strategy has been adopted that links internal departments across various national organizations. The effort is directed not only towards eliminating criminal behavior, but also to promote a global alliance and acceptance of the problem at different levels in different countries.

Step 2: The global effort to fight poverty and crime is focused on highlighting drug-related projects. The research efforts are directed towards a focus on specific regions and the timely promotion of stronger syndicates in the operations. The success of the projects that effectively address the offense depends on better alignment of energies exerted in tandem with the needs of the assisted countries, and the results predicted by the international lenders and donors. It is important to understand the importance given to resolutions because they only bear fruit in the soil of concrete action!

Step 3: The countries involved in this global rehab need to share responsibility among the drug and weapon producing entities and countries and those receiving them. The procurement of arms and drugs do not feed the hungry, it is just an outlet; a vent to the frustration. International drug control strategies are no more limited to simply controlling the supply and demand of arms and drugs, but also factor production, trafficking and sale. Technical and financial assistance via multilateral agencies are being tapped in the effort.

Step 4: Preventing the couplet involves understanding the relationship between illegal drug, arms trafficking, and organized crime. The solution lies in identifying and attacking the source of finance for terrorism, and is being rightly applied. There is a global effort towards strengthening financial intelligence and bolstering information-sharing. The new intra-regional cooperation mechanism being set up is also dedicated to the effort. Governments all over the world are addressing the need to adopt counter-narcotics and arms co-operation via stringent

law enforcement and capacity-building. This will in turn help the affected nations to rehabilitate and socially reintegrate the anti-social elements.

The Miasma Called Terrorism

Terrorism has become a challenge to regional security and well-being. Bringing this evil under control or once and for all ending it requires the powerful syndicate of legislation and law enforcement and military action. To address crime and poverty highlighting the minutiae postulates institutionalized mechanisms to strengthen regional and international cooperation. The need enhance counter-terrorism cooperation, within strengthened financial and legal framework cannot be ruled out.

The negative effects and the resultant devastating socioeconomic consequences need to be addressed globally. Developing countries need greater assistance to implement the international strategies to deal with the challenges. Prevention of crime and poverty is not impossible, but it would involve

at the very base specialized training for magistrates and prosecutors, customs officials and law enforcement agencies and personnel. This is to ensure that the technical assistance from the donor community is optimized. The effort will take not only dedicated training, research and information dissemination, but also subsidized advisory services.

Steps towards the prevention of crime and poverty require greater support from the international community. It involves a proper evaluation and application of declared international cooperation and technical assistance.

By Gaynor BoradeRead more at Buzzle: http://www.buzzle.com/articles/crime-and-poverty-prevention.htmlWhat is a FelonyLooking to learn more on what is a felony, their classification and types? Then here you would find exactly that. The following paragraphs will make that clear.

Felony are criminal offenses which a person may have committed where the punishment is for a year or more, or the person has been sentenced to death. A person who has been convicted is called a felon. The term 'felony' has its origin in the English common law. In the past, felonies were crimes wherein the goods and land of a convicted person is confiscated. It's quite common for people to confuse between misdemeanor vs. felony, but there's a difference. If the court punishes a person for exactly a year or less, it's called misdemeanor, and in case the prison term exceeds a year, it's called felony. The charges under which a person can be declared a felon are possession of heroin or cocaine, grand larceny, armed robbery, rape and murder. Once you have got an idea of what is a felony,

let's move on to the classification of felony. Classification depends on the duration of sentence and that depends on the severity of crime.

Felony Classifications

There are different felony types, and depending on the gravity of the crime committed, a person is punished accordingly. Felony can be classified into different classes - Class A to Class I felony charges. As per the Class A felony, a person may be imprisoned for life, depending on the severity of the crime. Crimes like murder and first degree intentional homicide come under this class.

Crimes like kidnapping, first degree sexual assault, conspiracy, first degree reckless homicide and second degree intentional homicide come under Class B felony charges. If convicted, a person may be imprisoned for a maximum period of 60 years.

If a person has been convicted of Class C felony, he or she has to pay a fine of a maximum of US $100,000 or imprisoned for

maximum of 40 years, or both. Crimes like vehicular homicide while intoxicated, robbery, arson, kidnapping and second degree sexual assault comes under this class.

What is a felony classification for Class D felony charges? Crimes such as solicitation of a child, child enticement, vehicular homicide while intoxicated, felony vehicular homicide and felony drunk driving comes under this category. Class D charges carry a maximum imprisonment term of 25 years or a fine of US $100,000 or both.

Class E felony charges carry a fine or US $50,000 or imprisonment term of maximum 15 years or both. Burglary and bodily harm comes under this class.

Crimes like theft, stalking, sexual exploitation and failure to prevent sexual exploitation of a child comes under Class F felony charge. Under this category, a person may be imprisoned for a maximum of 12½ years or a fine of US $25,000 or both.

Class G felony charges include theft,

embezzlement, negligent vehicular homicide and negligent homicide. As per the law, a person convicted of these crimes may be imprisoned for maximum of 10 years or a fine of US $25,000 or both.

As per the law, Class H and I felony charges carry maximum imprisonment term of 6 and 3½ years or a fine of US $10,000 or both respectively. Crimes like stalking, embezzlement, etc. fall under Class H felony, while substantial bodily harm and child pornography comes under Class I felony charges.

So these were felony examples along with the classification of the crimes committed. You can get in touch with a felony lawyer in your locality, so that you know more about the charges in each class of charges. There may be slight changes in the rules of different states, but the basic classification is the same. Some states may include some other crimes within these categories while others may enhance the punishment under each class.Read more at Buzzle:

http://www.buzzle.com/articles/what-is-a-felony.html