Second degree burglary is the same, but instead of a dwelling, the location is a business or commercial establishment. If convicted of first degree burglary, you are looking at a range of penalty from 1 to 20 years. If you are convicted of second degree burglary you are looking at a range of penalty 1 to 5 years because it is your first offense. If convicted, the judge can sentence anywhere within that range and he can require you to serve it in prison, on probation, or give you a suspended sentence.