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Occupied Burglary

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Burglary can be occupied or unoccupied.  Occupied burglaries mean that a person is home or inside of the car while a burglary is taking place.  

While burglary of an unoccupied dwelling and burglary of an occupied dwelling are both second-degree felonies, both punishable by a maximum of 15 years in state prison.

Burglary of an unoccupied conveyance, however, is just a third-degree felony, punishable by a maximum of 5 years in prison.  This would be a standard car burglary, where a car is broken into when nobody is inside of the car.

Burglary of an occupied conveyance is a second-degree felony.  The legislature here is increasing the penalty if somebody is present inside of the car.

This is because a burglary of an occupied conveyance is more akin to a carjacking, which is a violent crime.

Occupied burglaries are always treated as more serious crimes by police and prosecutors.

If you or a loved one are facing occupied burglary charges, call me, a criminal defense attorney, today.