In California, burglary can be charged as either first-degree or second-degree crime, depending on the circumstances of the offense. A conviction for either can have serious and lasting consequences, including the loss of your freedom, limiting your rights, and creating barriers to employment, housing, and other opportunities. If you or a loved one has been charged with burglary, it’s crucial to understand the law and how the potential consequences may impact your life. Most importantly, you must prepare a defense by contacting a knowledgeable California burglary attorney.
Continue reading to learn more about the difference between First-Degree vs. Second-Degree Burglary under California law.
What is the Crime of Burglary Under California Penal Code 459
The crime of burglary in California law is codified under California Penal Code 459. According to California Penal Code 459, a person is guilty of burglary when they enter any structure with the intent to steal property worth more than $950, or with the intent to commit a felony therein. All elements of the crime have to be proven beyond a reasonable doubt in order to find a defendant guilty of burglary.
The Difference Between First Degree vs Second Degree Burglary
There are two degrees of burglary in California: first-degree and second-degree.
- First Degree Burglary occurs when a person enters an inhabited structure with the intent to steal, or with the intent to commit a felony therein. Burglary in the First Degree is often referred to as “residential” burglary, as it deals with a structure that is or can be used as a residence, thus it is considered more serious.
- Second Degree Burglary occurs when a person enters a non-residential structure with the intent to steal or with intent to commit a felony. Burglary in the Second Degree is often referred to as the “commercial” burglary.
The Punishments for First Degree vs Second Degree Burglary Convictions in California
Burglary in the First Degree is always charged as a felony in California. Punishment for a conviction includes imprisonment for two years, four years, or six years in California state prison, and a fine as much as $10,000. Additionally, a felony burglary conviction count’s as a “strike” under California’s “Three Strikes Law”.
Burglary in the Second Degree, on the other hand, is known as a “wobbler” offense, in that there is may be charged as either a felony or a misdemeanor. The Prosector has the full authority to decide how the offense will be charged. If charged as felony, the punishment for a conviction may be up to three years in California State prison. If charged as a misdemeanor, the punishment is considerably less, with a maximum sentence time of one year in the county jail.
It is crucial to contact an experienced criminal defense attorney if you are facing burglary charges, whether in the first or second degree. If you are charged with Burglary in the First Degree, it’s important to fight the charges to avoid a conviction and the severe penalties that come with it. If you are charge with the wobbler offense of Burglary in the Second Degree, however, you’ll still need a skilled attorney who can advocate on your behalf to pursue a reduction to the lesser misdemeanor charge. At the Law Office of Nicolai Cocis, we have a proven track record of successfully getting charges reduced, and in some cases, dismissed entirely.
Contact The Law Office of Nicolai Cocis Today To Fight Your California Burglary Charge
If you have been charged with Burglary, whether First Degree or Second, then now is the time to secure legal representation. Burglary charges carry the risk of significant fines and jail time, making it essential to have a skilled criminal defense attorney who can analyze the details of your case and build a strong defense on your behalf. With over 25 years of criminal defense experience, The Law Office of Nicolai Cocis ready to start building your strongest possible defense, contact us now!
