View Full Version : Is 1st degree burglary considered a violent offense?


bikerbaby45
01-06-2004, 03:29 PM
MY husband was sentenced as a violent offender, but he said that he was the one that got shot by the lady that was at home at the time he tried to break in to the house, of which he did'nt know anyone was at home at the time. Is it because he had 2 afc? They gave him 15 yrs for the actual charge, 15 for the 2 afc, and 15 for some other reason. I do not see any violent tendency in him at all.

Lysbeth
01-06-2004, 06:38 PM
This thread will shed a little light on the subject:

http://www.prisontalk.com/forums/showthread.php?s=&threadid=34167

Much as the very last post in that thread states, with the lady being in the house and probably fearing for her life and/or well-being, then in some states that could make it a violent offense.

JJsGB
01-12-2004, 12:52 AM
If you were here in Iowa, it'd make him a violent offender. Dumb laws. My man got charged w/ armed robberies. He didn't hurt anyone and is considered a violent offender as well. Nothing was hurt and he was still charged. The DOC sucks. You'll learn quickly enough. I wish you all the best. Keep your head up and stay strong.

bunnyrun5
01-12-2004, 11:30 AM
My hubbie got charged with armed robbery and possession of a hand gun in a violent act and he was sitting in the car when his brother along with a co defendent who was recognized in the robbery. My hubbie did'nt know what was going on, but they charged him anyway. They also labeled him as a violent affender. Hummmmmm? His original sentence was 14 yrs 9mos. He has been reduced to 11 years and 4 mos. I don't get it when people who kill others are only getting 10 years or below.

snookie
01-22-2004, 09:17 AM
my fiance was charged with 1st,degree burgulary and got 8 years 2nd time offender,and he is in a level 4 thats a violet offender.it really sucks,but so dose the law! thats why we have too all help eachother out.to be able to stay strong.snookie

small town usa
06-15-2004, 10:43 PM
My husband also is classed as a violent offender even though he was not even at the place when it was robbed, but because he also had been covicted before for burgulary the guy that actually did the burgulary turned state on him, he got 5 years my husband got 55 years!!Talk about the law sucking, jump-on. They said that he conspired to do the job, but I still do not feel that he is violent because he was not the one to hold the knife, but the law does not see it that way, and what we think really does not count.

jacksonchiniti
07-14-2004, 09:08 PM
My man is classified as a Violent Offender simply because he was charged with the sale of marijuana (a couple of bags). The sad part is he is in level A custody (minimum security). I think he should be at home. Serving Time as a Violent Offender just for that.

Anakin
08-06-2004, 06:12 AM
I nsome states burglary in the 1st is considered violent. You might want to check your state's truth in sentencing law..many states have them.

One thing to remember...if your husband had committed that 1st degree burglary and the old woman was startled by him and had a heart attack he would have been facing 1st degree murder charges too.

That's a fact.

TekEss
08-11-2004, 09:17 PM
My hubbie got charged with armed robbery and possession of a hand gun in a violent act and he was sitting in the car when his brother along with a co defendent who was recognized in the robbery. My hubbie did'nt know what was going on, but they charged him anyway. They also labeled him as a violent affender. Hummmmmm? His original sentence was 14 yrs 9mos. He has been reduced to 11 years and 4 mos. I don't get it when people who kill others are only getting 10 years or below.


Sorry for your situation...but lets not be to naive...


"My hubbie got charged with armed robbery and possession of a hand gun in a violent act and he was sitting in the car when his brother along with a co defendent who was recognized in the robbery. My hubbie did'nt know what was going on, but they charged him anyway."

He was in possession of a handgun during the commission of an armed robbery, but didnt know anything was going on...???? and a gun during a robbery is not considered "violent" ?

and sitting in the car with a gun is still an accomplice to a "violent act"


"My hubbie did'nt know what was going on, but they charged him anyway."

ummmmm ok.

Retired-10
08-11-2004, 09:27 PM
Keep in mind when you're talking about whether something is violent or not...

It's not if he/she WAS violent...it's if they had to means to do so (that being...did they have a weapon on them? did they go to the place with the intent to hurt the individual?)

Another thing to consider is the victims testimony. If she/he comes across being so fearful then yes, they will be considered violent because that person may have been fearing for their life.