A burglary conviction can yield a wide range of sentences. Burglary is defined as breaking and entering a dwelling. While most burglaries involve a theft, a theft does not have to occur for someone to be charged with burglary—the burglar only has to the dwelling illegally. Some states recognize misdemeanor burglary where the burglar took $400 or less. But in most states, burglary is a felony. Some states also differentiate between daytime and nighttime burglary with nighttime burglary carrying a higher penalty. In misdemeanor cases, a burglary conviction can result in a fine and probation. Felony burglary is punishable by a lengthy prison sentence probation, a fine and often community service. Many states have higher degrees like aggravated or armed burglary. In Massachusetts, armed or aggravated burglary involves the burglar entering the home with a weapon and assaulting or threatening the homeowner. The punishment for armed burglary is a minimum of 10 years in prison. However in most burglaries, the homeowner is not present when the theft occurs.