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First degree robbery 3, 4, or 6 years in prison. if the defendant committed first-degree robbery in an inhabited structure, in concert with 2 or more other people, 3, 6, or 9 years in prison. If it involves serious bodily injury, 6, 7, 9, 10, or 12 years in prison. If a firearm was used, 13, 14, or 16 years.
Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires that the accused be in a dwelling and armed with a weapon or have intent to cause injury. [40] A related offense, criminal trespass, covers unlawful entry to buildings or premises without the intent to commit a crime, and is a misdemeanor or ...
Under Penal Code Section 190.2, “special circumstances”, all murders committed during the commission, attempted commission, or immediate flight of any of the listed felonies also qualify as a special circumstance for the charge of first degree murder with special circumstances.
First-degree burglary: The most serious, first-degree burglary involves possession of a deadly weapon with the intent to commit theft or a violent crime against the victim inside.
Most jurisdictions recognize at least two degrees of murder in statute. Usually, first-degree murder requires express malice. Any other type of murder reflects implied malice. Felony murder is a crime where a death results from the crime and is typically first-degree, but may be second-degree. [17]
This is broadly the approach taken by the Model Penal Code, although the Code identifies only three degrees of felony. [13] In Texas, all felonies are more severe than either infractions or misdemeanors and are classified in capital felonies, first degree felonies, second degree felonies, third degree felonies and State jail felonies. [14]
Mitchell is charged with first-degree burglary, a felony that carries a sentence of anywhere from six months in the workhouse to 20 years in prison. As a first-time offender, Mitchell would be ...
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.