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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.
Criminal Intent. The criminal intent requirement for burglary varies from state to state. In some states, the prosecution must prove the defendant intended to commit a felony or theft. A felony is a crime punishable by incarceration in state prison. In these states, a person who enters a building without permission in order to commit some other minor offense, such as misdemeanor prostitution, has not committed burglary. In other states, the intent to commit any crime will do. The intended crime does not have to occur. It is enough that the person entered the building with the intent to commit a crime.