What’s Defined as California Burglary?
California defines burglary as going into a property with the main intention to steal. Burglary doesn’t have to entail stealing alone. It could be a deliberation to commit and assault or battery, or another felony.
The main determining factor for burglary is intent to commit a crime, which the prosecution will need to prove.
In addition, there are two distinct types of burglaries that are defined in California Burglary Laws:
1st Degree Burglary: Where a burglary took place at a residence. This is punishable by:
A felony charge of either two, four or six years in prison, and up to $10,000 in fines
2nd Degree Burglary, which is when the robbery took place outside someone’s residence. An example is at a place of business. Depending on the circumstances of the case, it’s either a:
Misdemeanor punishable by:
Up to I Year in Jail | Up to $6,000 in fines
Felony punishable by:
Either 16 months, 2-3 Years in prison | up to $10,000 in fines
Penalties for California Burglary under California Penal Code 459 are enhanced if there were aggravating factors of the crime. This includes if a weapon was used, or someone was injured at the time of the burglary.
California Burglary is also subject to enhanced sentencing for prior offense, as well as the Three Strikes Law. It’s therefore important to get the best defense team on your side.
Legal Defenses for California Burglary
MacGregor and Collins is based in Orange County, California, and has effectively defended several types of burglary cases. If you’ve been arrested for Burglary or a closely related crime, Call (949) 250-6097 to speak to a California defense lawyer now. We’ve set up several locations throughout Orange County for your convenience.
See a comprehensive library of California Section Penal Codes here.
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