Definition
Burglary under California
Penal Code Section 460, is a normally filed as
a misdemeanor or felony, depending on the location of the crime, if any
injuries occurred, or if someone was present at the time.
Burglary is defined as going into
a property, whether residential, commercial, government owned, or any other
asset class that does not belong to the offender – and with the specific intent
to commit a theft or a crime.
Elements of the Crime
In order to take a Burglary CPC 460
case to trial, certain elements of the crime will have to be proven. These
include:
·
That the
defendant broke into a property other than their own
·
That the
defendant’s aim was to steal or commit a felony
Additional Notes
There are two main types of
burglary, which are:
·
First Degree
Burglary – which is when someone breaks into a place of residence
·
Second
Degree Burglary – is burglary that occurs anywhere else
Sentencing for California Penal Code 460
These penalties are to be
determined by a judge and he/she will make a decision based on the
circumstances surrounding the case.
When found guilty of First-Degree Burglary, it is usually
filed as a felony, with sentencing that
includes:
·
Up to
six years imprisonment, or a minimum of two years
·
A
maximum of ten thousand dollars in fines
When found guilty of Second Degree Burglary, it is usually
filed as either a felony or a
misdemeanor, with sentencing that includes:
·
Misdemeanor Charges for Burglary in the Second Degree – A
maximum of one year in jail; up to six thousand in fines
·
Felony
Charges for Burglary in the Second Degree – A maximum of three years
imprisonment, and a minimum of sixteen months; plus up to ten thousand dollars
in fines
Legal Defenses for
California Penal Code 460
A good criminal defense attorney is able to present strong defenses for Burglary cases under California Penal Code 460.
Some defenses include not intending to steal or commit a felony. The key note
in these cases is that the prosecution will have to prove intent.
To prove your innocence, and/or get the best
outcome for your case, MacGregor
and Collins has successfully defended numerous
Burglary cases. Call (949)
250-6097 to speak to a Burglary criminal defense lawyer today.
Learn more about other California
Section Penal Codes here.
