What Are the Charges for Burglary in California?

Last Modified: October 7, 2024
What are the charges for burglary in California

In California, burglary is charged in two degrees. First-degree burglary involving a residence is punishable by up to six years in state prison, while second-degree burglary, typically of a commercial property, can result in up to one year in county jail or a longer term in state prison, depending on circumstances.

These charges can vary greatly depending on the circumstances surrounding the crime committed, including the location of the burglary and what was intended to be done during the act. It is essential to seek the help of a skilled criminal defense lawyer who can provide the necessary guidance and representation.

At Perlman & Cohen Los Angeles Criminal Lawyers, we are intimately familiar with burglary laws and burglary penalties. Even if you are accused of using a deadly weapon in the act, we can represent you.

Read on to learn more about unlawful entry and burglary. Then, contact us for a free case consultation.

Legal Definition of Burglary

Under California law, burglary is defined as entering a building, room, or locked vehicle with the intent to commit theft or any felony once inside. This legal definition emphasizes the intent rather than the act of theft itself, which means you can be charged with burglary even if no theft or felony was committed.

It's the intention that counts when charges are being considered. The broad scope of this definition allows for a wide range of situations to be classified under burglary.

The state classifies burglary into different categories to address the varying degrees of severity associated with the crime. These classifications help determine the appropriate level of charges and penalties.

Each type of burglary carries specific legal implications and potential defenses, which are critical in developing an effective legal strategy. Knowing these classifications is the first step toward navigating the legal challenges of burglary charges.

Difference Between Burglary and Robbery

  • Intent vs. force. Burglary involves entering a property with the intent to commit a crime, whereas robbery involves using force or fear to take something directly from a person.
  • Location and timing. Burglary can occur in any building or locked structure and at any time, provided the intent to commit theft or a felony is present. Robbery, on the other hand, involves a direct interaction with another person.
  • Charges and consequences. The legal consequences of burglary can vary depending on whether the burglary occurred on a residential or commercial property. At the same time, robbery charges can escalate based on the force used or the value of the property taken.
  • Legal defenses. Defenses against burglary charges often focus on the lack of intent, whereas robbery defenses might center on disputing the use of force or identity.
  • Prosecution requirements. To secure a conviction for burglary, prosecutors must prove intent to commit a crime inside a structure. For robbery, they must prove that property was taken from someone through force or fear.

Types of Burglary (First-Degree and Second-Degree)

First-degree burglary, or residential burglary, occurs when someone enters an inhabited dwelling intending to commit theft or any felony. In California, first-degree burglary is always considered a felony, reflecting the serious nature of invading someone's home.

Second-degree burglary involves entering commercial properties or non-inhabited buildings. Depending on the circumstances and the prosecutor's discretion, it can be charged as a misdemeanor or a felony.

Charges for First-Degree Burglary

Charges for first-degree burglary

First-degree burglary is among the most severely punished burglary offenses in California. Being charged with this felony burglary means facing a possible state prison sentence, hefty fines, and a permanent mark on your criminal record. These charges are taken seriously because of the threat they pose to personal safety and home security.

Residential Burglary and Its Consequences

The consequences extend beyond the immediate legal penalties if convicted of residential burglary. A burglary conviction can lead to difficulties in finding employment, loss of civil rights like voting, and stigma in your community. The effect of a felony on your record can alter many aspects of your life.

Felony Charges and Associated Penalties

When charged with first-degree burglary, you are facing a felony charge. This comes with heavier penalties, including potential imprisonment, hefty fines, and probation. The penalties are severe to deter individuals from committing such a serious crime.

Sentencing Ranges for First-Degree Burglary (Up to 6 Years)

The sentencing for first-degree burglary can vary, but it can be as much as six years in state prison. This crime is always prosecuted as a felony, and a conviction could result in two, four, or six years in state prison. These sentences can increase based on prior convictions or if the burglary involved the use of a weapon.

Charges for Second-Degree Burglary

Second-degree burglary, while generally less severe than first-degree, still carries significant legal consequences. The flexibility in charging this as a misdemeanor or felony provides the court with discretion based on the case's specifics.

Commercial Burglary and Its Penalties

If charged as a felony, commercial burglary can result in up to three years in state prison. If charged as a misdemeanor, the penalties might include shorter jail time and fines. These penalties reflect the lower risk posed by burglaries not involving residential properties.

Misdemeanor vs. Felony Classification of Second-Degree Burglary

The classification of second-degree burglary as a misdemeanor or felony depends on factors like the defendant's criminal history and the circumstances of the burglary. A misdemeanor charge might result from a case with less severe circumstances or a defendant with no prior record.

Sentencing Ranges for Second-Degree Burglary (Up to 3 Years)

If charged as a felony, second-degree burglary can carry a sentence of up to three years in California state prison. As a misdemeanor, the maximum jail time is typically one year in county jail, highlighting the variability in sentencing based on the crime's classification.

This crime is a wobbler, which can be charged as either a misdemeanor or a felony. We will explore every available option to avoid the worst punishments for a burglary conviction.

Additional Charges That Can Accompany Burglary

burglary
  • Possession of burglary tools. Additional charges can be filed if found with tools used for breaking and entering.
  • Vandalism. Damaging property during a burglary can lead to vandalism charges.
  • Trespassing. Entering property without permission can result in trespassing charges, even if no burglary occurs.
  • Petty theft. If items were stolen during the burglary, theft charges could be added.
  • Resisting arrest. If you resisted police during your arrest, this could lead to additional charges.

Is a Plea Deal Right for Me?

Whether a plea deal is right for you depends on factors like the strength of the evidence, potential penalties, and the risks of a trial, but it is ultimately a decision that should be made with the guidance of legal counsel.

A plea deal can reduce your sentence but typically requires you to plead guilty to lesser charges. This decision should be made with thorough advice from your criminal defense lawyer, who can negotiate the best terms on your behalf.

Should I Go To Trial?

Deciding to go to trial depends on your case's specifics and the likelihood of a successful defense. Going to trial might be best if you believe you have a strong defense or the prosecution's evidence is weak. However, trials are unpredictable and can result in harsher penalties if the outcome is unfavorable.

Why You Need a California Lawyer as Soon as Possible

Why you need a California lawyer as soon as possible
  • Immediate legal guidance. A California lawyer can provide major legal advice right after an arrest, helping you know your rights and the charges against you.
  • Evidence preservation. An attorney can act quickly to preserve evidence critical to your defense, which might otherwise be lost or destroyed over time.
  • Preventing self-incrimination. Legal representation ensures that you do not inadvertently say or do something that could be used against you in court.
  • Bail and release negotiations. A skilled lawyer can negotiate for your bail and work towards securing your release from custody as soon as possible.
  • Strategic planning. Early involvement of a lawyer allows for developing a strategic defense plan tailored to the specifics of your case.
  • Navigating the system. Lawyers who are well-versed in California law can efficiently help you through the complex judicial system, saving you time and reducing stress.

Contact Our California Burglary Lawyer for a Free Consultation

Contact our California burglary lawyer for a free consultation

Don't wait to seek legal representation if you're facing burglary charges. At Perlman & Cohen Los Angeles Criminal Lawyers, we have experience defending clients against criminal charges related to burglary crimes. If you have been accused of a burglary offense, we are ready to help you.

Our experienced burglary lawyers are here to help you know your charges and explore all possible defense options. We are committed to providing aggressive representation to protect your rights and achieve the best possible outcome. Contact us for a free consultation to discuss your burglary charge.

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