• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

what is the difference...?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sleepless2010

Junior Member
What is the name of your state (only U.S. law)? Alabama

what is the difference between burglary 3rd degree and criminal trespass 1st degree?
 


proud_parent

Senior Member
What is the name of your state (only U.S. law)? Alabama

what is the difference between burglary 3rd degree and criminal trespass 1st degree?
The former is a felony; the latter is a misdemeanor.

Section 13A-7-7 - Burglary in the third degree.
(a) A person commits the crime of burglary in the third degree if he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.

(b) Burglary in the third degree is a Class C felony.

(Acts 1977, No. 607, p. 812, §2612; Acts 1979, No. 79-471, p. 862, §1.)
Section 13A-5-6 - Sentences of imprisonment for felonies.
(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:

(1) For a Class A felony, for life or not more than 99 years or less than 10 years.

(2) For a Class B felony, not more than 20 years or less than 2 years.

(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day.

(4) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony criminal sex offense involving a child as defined in Section 15-20-21(5), not less than 20 years.

(5) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony criminal sex offense involving a child as defined in Section 15-20-21(5), not less than 10 years.

(b) The actual time of release within the limitations established by subsection (a) of this section shall be determined under procedures established elsewhere by law.

(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15-20-25.3, or where an offender is convicted of a Class A felony criminal sex offense involving a child as defined in Section 15-20-21(5), and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant's release from incarceration.

(Acts 1977, No. 607, p. 812, §1225; Acts 1981, No. 81-840, p. 1505; Act 2005-301, 1st Sp. Sess., §1.)
Section 13A-7-2 - Criminal trespass in the first degree.
(a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling.

(b) Criminal trespass in the first degree is a Class A misdemeanor.

(Acts 1977, No. 607, p. 812, §2605.)
Section 13A-5-7 - Sentences of imprisonment for misdemeanors and violations.
(a) Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to hard labor for the county, within the following limitations:

(1) For a Class A misdemeanor, not more than one year.

(2) For a Class B misdemeanor, not more than six months.

(3) For a Class C misdemeanor, not more than three months.

(b) Sentences for violations shall be for a definite term of imprisonment in the county jail, not to exceed 30 days.

(Acts 1977, No. 607, p. 812, §1230; Acts 1978, No. 770, p. 1110.)
 

JETX

Senior Member
what is the difference between burglary 3rd degree and criminal trespass 1st degree?
Section 13A-7-7
Burglary in the third degree.
(a) A person commits the crime of burglary in the third degree if he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.
(b) Burglary in the third degree is a Class C felony.

Section 13A-7-2
Criminal trespass in the first degree.
(a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling.
(b) Criminal trespass in the first degree is a Class A misdemeanor.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top