Burglary is frequently used interchangeably with robbery in everyday speech. The reality is that there are several theft offenses, and each one has a distinct meaning. The California Penal Code establishes important distinctions between burglary, robbery, and theft. We'll talk about the specifics of burglary charges in California today.
Call Law Office of Michael L. Fell at (949) 585-9055 if you have concerns concerning burglary charges or if you have been accused of or charged with this offense.
What constitutes a burglary?
Burglary is the act of breaking into someone's house or property (including a company) with the intention of stealing or committing another felony. A person breaking into a buddy's house with the intention of attacking that friend is one example. Even if they did not really carry out the attack, they are still guilty of burglary if they entered their residence with the intention of doing so.
Here's another illustration: In order to steal computers, someone breaks into their school. Burglary is still a crime, even if no one else was present when the break-in occurred. This is due to the fact that burglary charges do not need face-to-face interaction; the offense can be classified as a burglary even if no one else was there.
Be aware that a burglary is not the same as a break-in. Why? Because a burglary may occur without someone breaking in. They could enter through a window or an unlocked door.
Burglary in the first and second degrees
The first and second degrees of burglary exist. When someone is charged with first-degree burglary, they are said to have broken into a house or other building. Also known as residential burglary. All other breaks in that aren't into a person's home are considered second-degree burglaries. This is sometimes referred to as a business burglary.
Burglary in the first degree is a crime in California. A conviction may result in two, four, or six years in state jail instead of formal probation. Additionally, there may be fines of up to $10,000. Burglary is frequently charged alongside additional offenses.
The prosecution can choose whether to prosecute second-degree burglary as a felony or a misdemeanor since it is a wobbler offense, which means it can be charged as either. If it is prosecuted as a crime, the punishment may include felony probation or a sentence of 16 months, 2 years, or 3 years in a county jail. Additionally, there may be fines of up to $10,000 for this.
When second-degree burglary is tried as a misdemeanor, the punishments might include up to $1,000 in fines, a year in county prison, and summary probation.
Call Law Office of Michael L. Fell at (949) 585-9055 to schedule a free legal consultation if you have any questions concerning burglary accusations or need to speak with a criminal defense lawyer who can help you fight charges.