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Burglary Charge in California

By Autumn Lockwood

Republish: EasyPublish™ Published: 27Aug2011 Word count: 1912 Viewed: 248 time(s) Get Free Content For Your Site

If you have been accused of burglary in California, do not delay in contacting a criminal lawyer. The California Penal Code governs crimes committed within the state of California, and if you are facing a burglary charge, either misdemeanor or felony, you may be looking at jail or prison time, fines, probation, and restitution. The most common types of burglary charges include first degree burglary, second degree burglary, felony theft, conspiracy to commit burglary, possession of burglary tools, and conspiracy to commit felony theft.

Burglary Defined

In California, the penal code defines burglary as entering a building with the specific intent to steal something or to commit a felony. In this definition, the most important word to remember is 'intent'. As your criminal attorney will explain, if you are arrested and charged with burglary, the state of California must prove that you had intention to steal or commit a felony when you entered a building. However, the state does not have to prove that you actually stole anything. Only the intent must be proven.

Difference in First and Second Degree Burglary

In California, there is a difference in first and second degree burglary that is notable. For the act of burglary to be classified as first degree, the building that was entered into must have been inhabited. In other words, someone must live there. First degree burglary is a felony, and it carries with it a penalty that can range from probation to six years of incarceration. The length of sentence that is imposed for most defendants charged with burglary depends on a number of factors, which includes any past criminal charges, the severity of the crime, and the skills of your criminal lawyer. Perhaps more ominously, the charge of burglary in the first degree is considered as one strike under the three strike rule. Because of this, if you are convicted of the charge of burglary in the first degree, you will be required to serve eighty-five percent of your sentence before being eligible for parole and you will not get any time credited during your incarceration for good behavior.

Second degree burglary can be a felony charge in some instances, but it can also be a misdemeanor. The act of burglary in the second degree occurs in a building that is not inhabited or used as housing, like a business. Due to the wording of the burglary statute in the California Penal Code, even if a defendant walked into a business that was open to the public but had an intention to steal something, they can be charged with second degree burglary. The difference between felony second degree burglary and misdemeanor second degree burglary is based on the value of what was taken. More than $400 in property taken causes the charge to be enhanced to a felony. In some instances, those convicted of second degree burglary will only be required to stay in jail for one-half of their sentence.

Contacting an Attorney

As soon as possible after your burglary arrest, contact your criminal attorney. An aggressive attorney can negotiate with the prosecution to have the charges against you dismissed or reduced to a lesser offense.

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