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.
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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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Under California criminal law, you are guilty of an attempted burglary if you:
Examples of attempted burglary include:
Under Penal Code 21(a), attempt is when you:
Under Penal Code 459, a burglary is when you:
PC 21(a) says that an attempt occurs when you:
You can even be guilty of attempt if you changed your mind about committing a crime and voluntarily abandoned all efforts to complete it. Only the intent and some act are necessary for a conviction.3
Two examples of an attempt are:
For an attempt conviction, you generally will face a prison/jail sentence that is half as long as the sentence you would have received if you had been convicted of the underlying offense.
This is true regardless of whether you are convicted of an attempted misdemeanor or an attempted felony.
If the crime you are alleged to have attempted carries a sentence of life in prison or the California death penalty, then you could be sentenced to five, seven, or nine years.
If you are convicted of attempted murder that was willful, deliberate and premeditated, then you could be sentenced to life in prison.4
PC 459 says that the crime of burglary occurs when you:
Two examples of burglary are:
Note, in the above examples, that the rape and check fraud did not have to actually occur for the burglary to take place. All that was necessary was the entering and the intent to burglarize. Also note that “breaking and entering” and “unlawful entry” are not elements of burglary. You can enter a place lawfully and still commit a burglary there.
California burglary law is divided into “first-degree burglary” and “second-degree burglary.” First-degree burglary is burglary of a residence / dwelling house – a.k.a. residential burglary. Second-degree burglary is burglary of any other type of structure (including stores and businesses) – a.k.a. commercial burglary.
First-degree burglary is a felony under California law. It is punishable by imprisonment in the state prison for:
Second-degree burglary is a wobbler offense in California, meaning it can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year.
If charged as a felony, the offense is punishable by a county jail sentence of:
There are no third degree or fourth degree burglary charges under California state law (unlike Maryland and New York).
For more in-depth information, refer to these scholarly articles:
See also our related article on possession of burglary tools (PC 466).
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.