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In general, the penalties for all the different types of felony burglary are separated by degrees. Aggravated burglary is commonly a first-degree felony, and it is usually defined by either an intent to cause harm or the act of carrying deadly weapons during the burglary.
Burglary Penalties. 1  Second Degree Burglary is punishable in county jail or state prison depending on how it is filed. 2  Second Degree Burglary is a wobbler, meaning that it can be charged as either a misdemeanor or a felony. 3  If it is a misdemeanor then the maximum sentence is a year in county jail. Second Degree Burglary is a wobbler, meaning that it can be charged as either a misdemeanor or a felony. 2  If it is a misdemeanor then the maximum sentence is a year in county jail. 3  If filed as a felony then the maximum sentence is 3 years in state prison.