California Penal Code Section 459
by
Randy Collins on Feb. 10, 2012
Summary: Whenever someone enters a home deliberately to steal, it is considered to be a burglary under California Penal Code Section 459.
Whenever someone enters a home deliberately to steal, it is considered to be a burglary under California Penal Code Section 459.
To take a burglary CPC 459 case to trial, certain elements of the crime will have to be proven and these are :
· The perpetrator entered a building
· This intent of entering the building was to commit a criminal offense or to thief the property of another
Breaching of penal code section 459 may either be filed as a misdemeanor or felony. These filings are determined by several circumstance, including the criminal record of the perpetrator and the level of burglary. There are actually two distinctive types of burglary and we will explore each, along with their penalties.
Fist Degree Burglary is where a perpetrator enters a building, or home, where there are people living in it. These are always filed as felonies and the charges are fines of up to ten thousand dollars, and California prison time of either two, four or six years.
Second Degree Burglary is burglary, which is committed elsewhere, like at a restaurant or a place of business. This definition is limited, however, as there are many places where a burglary can occur.
If second degree CPC 459 is filed as a misdemeanor, then the charges will be up to six thousand dollars, and the perpetrator will also have to serve at least one year in the county jail. If filed as a felony, the charges are increased to ten thousand dollars, and the burglar will have to serve California State Prison time of either sixteen months, two or three years.
In addition, if a firearm was used or any other of form of weapon, and there were reported incidents of physical injury, fines will be enhanced. Plus, the burglar can also be put on trial for the criminal code for assault.
If you're currently dealing with burglary charges, with regards to Penal Code Section 459, the lawyers at MacGregor & Collins can help you prove your innocence. Give us a call at consultation (949) 250-6097.
Learn more about other California Section Penal Codes here.