Second degree burglary differs from First degree burglary in definition
and in sentence range. OCGA 16-7-1 (c) states:
A person commits the offense of burglary in the second degree when, without
authority and with the intent to commit a felony or theft therein, he
or she enters or remains within an occupied, unoccupied, or vacant building,
structure, vehicle, railroad car, watercraft, or aircraft.
The key definitional difference between first and second burglary is the
element of "a dwelling place", essentially meaning that to violate
the second degree burglary statute, the structure does not have to be
a place that someone could reside in. Effectively, it could be a barn.
The other key difference between first and second degree burglary is the
sentence range; first degree burglary carries a sentence of one to twenty
years and second degree burglary a sentence of one to five years. If you've
been arrested for second degree burglary, call the Law Office of Robert
L. Booker, P.C. at 678-646-0432 for a free consultation.