Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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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 second-degree burglary is punishable by up to 3 years in county jail.1
Penal Code 459 PC says that a burglary is committed when:
Please note that an accused is guilty of burglary when he enters a structure intending to commit a felony or theft offense. There is no requirement that he actually succeeds in committing that felony or theft.
California criminal law says that first-degree burglary is burglary of a residence. “Residences” here may include any of the following:
First-degree burglary is always charged as a felony in California. See our article on the difference between residential and commercial burglary in California.
Some examples of first-degree burglary are:
The crime is punishable by imprisonment in the California state prison for:
Second-degree burglary can be a felony or a misdemeanor in California.
California criminal law says that second-degree burglary is the burglary of any structure other than a residence.5
The crime is a wobbler offense in California, meaning it can be charged as either a felony or a misdemeanor depending on:
If charged as a felony, the offense is punishable by imprisonment in the county jail for:
If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year.8
No matter if the burglary charges are filed as a felony or a misdemeanor, a defendant can raise a legal defense to challenge the charge.
A strong defense can work to reduce a charge or dismiss it altogether. Please note that an experienced criminal defense attorney will know the best defense to raise on a person’s behalf.
There are three common burglary defenses that lawyers often raise. These are:
California criminal law says that shoplifting is a different offense than burglary. Per California Penal Code 459.5, shoplifting occurs when a defendant:
So, in other words, shoplifting is a subset of burglary, where the defendant enters an open store or other business with the intent to steal $950 or less worth of merchandise.
For most defendants, shoplifting is charged as a misdemeanor. The offense is punishable by:
Theft is a different crime than burglary under California criminal law. People commit the offense when they wrongfully take or steal someone else’s property when the property’s value is $950.00 or less.12
Petty theft is a misdemeanor punishable by probation, fines, restitution, and up to 6 months in county jail.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.