What makes first-degree burglary different from second-degree burglary?

First-degree burglary is typically characterized by the unlawful entry into an occupied dwelling with the intent to commit a crime, often involving the potential for confrontation with residents. This distinction emphasizes the inherent danger and severity of entering a home where people are present, as it poses a greater risk to both occupants and the intruder. This aspect of being in an occupied space elevates the seriousness of the crime, reflecting the legal system's acknowledgment of the right to personal safety and security within one's home.

The other aspects, such as the timing of the burglary, the type of buildings targeted, or possession of stolen property, do not specifically delineate first-degree from second-degree burglary. While certain factors, like targeting commercial properties or the time of day, may influence the circumstances surrounding the burglary, they do not fundamentally change the definitions in legal terms. Thus, the key distinction lies in the occupation status of the building being burglarized.