LawMeaning

burglary in the first degree

In one sentence

The most serious form of burglary, typically involving weapons, violence, or entry into a dwelling at night.

Plain English

Burglary in the first degree is the highest-level burglary charge, usually applied when someone breaks into a home (rather than a business) at night, or when a weapon is used, or when someone is injured during the burglary. It carries much harsher penalties than lower-degree burglary because it involves greater danger and violation of a person's home. The specific elements vary by state, but the presence of weapons or harm to people typically elevates the charge.

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Example

A man breaks into a house at 2 a.m. armed with a gun. When the homeowner confronts him, he threatens her with the weapon. This would likely be charged as burglary in the first degree because of the nighttime entry, the weapon, and the threat to the occupant.

Used in a sentence

“He was convicted of burglary in the first degree after breaking into a home with a loaded firearm.”

Related terms

Burglary
Unlawfully entering a building with intent to commit a crime inside.
attempted murder
Taking substantial steps toward killing someone with the intent to cause death.
confinement
The act of keeping someone in custody or restricting their freedom of movement.
Statute of Limitations
A law setting the maximum time period within which a lawsuit can be filed after an injury or breach occurs.
acquittal
A court decision that a defendant is not guilty of the charges.
appeal
A request to a higher court to review and overturn a lower court's decision.
Stand Your Ground
A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.
Castle Doctrine
A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.