Blog: Burglary

First-degree burglary (which is burglary of a residence) is always a felony in California. Second-degree burglary (which pertains to any non-inhabited structures) is a wobbler, meaning it can be charged as either a misdemeanor or a felony. A conviction for first-degree burglary is punishable by up to 6 years in state prison. A conviction for …

Normally, shoplifting merchandise valued at $950 or less is treated as a simple misdemeanor under California Penal Code 459.5 PC. The crime is punishable by custody in county jail for up to six months. But police and prosecutors will often try to hit shoplifters with the more severe charge of burglary under Penal Code 459 …

Under California criminal law, a person is guilty of an attempted burglary if he: intends to commit burglary, and he takes some act towards committing the burglary (which can be theft or some other felony). Examples of attempted burglary include: Tom sneaks to the front of his neighbor’s house with the intent to go inside …

Burglary in California is divided into first degree, or residential burglary, and second degree, or commercial burglary. See Penal Code 460. Burglary is committed when someone unlawfully enters a specified structure with the intent to commit theft or a felony. Residential (first degree) burglary is burglary of: an inhabited dwelling house, an inhabited vessel, floating home, or trailer …

California burglary law (under Penal Code 459) is divided into “first-degree burglary” and “second-degree burglary.” First-degree burglary is burglary of a residence. Second-degree burglary is the burglary of any other type of structure (including stores and businesses). First-degree (or residential) burglary is always a felony. The potential consequences include a state prison sentence of: two …