Burglary in the Second Degree

What the prosecutor must prove

• You committed burglary in the third degree.
• The building was a dwelling, or a non-participant was physically injured, or a deadly weapon, explosive or dangerous instrument was involved.

Defenses that commonly apply

• The premises were not a dwelling at the time.
• The weapon allegation is unsupported.
• You had a right to be present.

Penalties and collateral consequences

A Class C Felony carries a maximum sentence of up to 15 years and a fine of up to Up to $5,000.

Every case turns on its own facts. The information on this page is general, not legal advice.