Identification

First-degree burglary descriptions vary by state, but collectively involve the aspects of: entering a dwelling without consent; either the intent to commit or actual commission of a robbery; and either the possession of a dangerous weapon or commission of an assault on another.

Punishment

Burglary in the first degree is a felony charge that often carries jail time and a fine. In California, a first-degree burglary charge also adds one strike with respect to the "three strikes" law. Most severely, perhaps, Massachusetts convictions of nighttime dwelling burglaries impose a sentence with a maximum of life imprisonment.

Intent

Proving intent is vital to the conviction of a first-degree burglary charge. Proving the state of mind of the accused is complicated, and is often done through the facts of the case rather than any evidence that is presented.

Misconceptions

Whether or not the theft occurs from the immediate possession of an individual distinguishes robbery from burglary. Unlike burglaries, robberies usually involve a victim who was intimidated into relinquishing a possession.

Prevention/Solution

Burglaries can be prevented by a well-lit exterior devoid of large trees and shrubbery, deadbolt and window locks, and either a dog or alarm system.

Source:

Find Law, "Robbery"

JRank, "Specific Intent-Futher Readings"

Irvine Criminal Defense Lawyers and Attorneys, "Criminal Defense: Burglary"

Resource:

State of Connecticut, "Burglary Laws and Punishments"

Minnesota Office of the Revisor of Statutes, "2009 Minnesota Statutes"