Is Burglary a crime of violence? The Pennsylvania Superior Court in Commonwealth vs. Gonzalez had to decide that issue. It is a very interesting opinion. The Defendant plead guilty to Possession with Intent to Deliver heroin. He was sentenced to 2-1/2 to 6 years in jail for the offense. The judge denied his request to have his sentence designated as a RRRI minimum sentence. RRRI deals with a Defendant’s recidivism (that he is a repeat offender). If the sentencing judge designates the sentence as a RRRI minimum sentence, then the Defendant will likely get out of jail much sooner than if the Defendant is not designated as RRRI (repeat offender).
In this case, the judge refused to make the designation because the Defendant had a prior conviction for burglary, graded as a 2nd degree felony. That Burglary involved entering a building or occupied structure with the intent to commit a crime therein when the building entered is not adapted for overnight accommodations and no individual is present at the time of the entry). Again, in order to be considered for a reduced sentence, the Defendant has to prove that he does not have a history of past violent behavior. The judge in that case determined that the Defendant did have past violent behavior because of the F-2 burglary conviction.