Burglary Under California Law

In the State of California, Penal Code 459 PC describes burglary as, any person who enters a dwelling or portion of a building that is used for dwelling purposes with the intent to commit petty theft or grand theft. In order to be charged with burglary, it isn't necessary to have used forced entry or breaking and entering into the property. Simply walking through an open or unlocked door would suffice.

Entering a home, building or other enclosure covered under Penal Code 459 PC, with the intention to commit a theft or felony is all that is required. Under California law, burglary is a "wobbler," which means that it can be charged as either a misdemeanor or felony depending on the circumstances and whether or not you have any previous convictions on your criminal record.

First and Second Degree Burglary

First degree burglary is the more serious of the two types and is always a felony offense. You commit first degree burglary, otherwise known as "residential burglary" when you burglarize an inhabited dwelling. That means people "use" the dwelling to live and sleep, regardless if the dwelling itself is currently occupied.

Second degree burglary or "commercial burglary" refers to everything else such as warehouses, stores, mills, barns, stables, boats and vehicles. Second degree burglary is frequently seen in connection with shoplifting.

The penalties for first degree burglary if you are convicted consist of a two, four or six year prison sentence and a maximum fine of $10,000. If you are convicted of second degree burglary as a felony offense, you face up to three years in prison and a maximum fine of $10,000. If you are convicted of a second degree burglary as a misdemeanor, you face up to one year in county jail and up to a $1000 fine.

In any burglary crime, the judge takes into account certain mitigating factors. This is why it is extremely important to get the legal advice of an Orange County burglary defense attorney. At the Law Offices of Virginia L. Landry we can help defend your rights and ensure that every aspect of your case is thoroughly investigated. We will analyze the mitigating factors in an attempt to have your charges either reduced or dropped.

Contact an Orange County Burglary Defense Lawyer at our firm today for a free consultation.