Facing burglary charges in San Diego requires skilled legal representation to navigate complex penalties, including fines, imprisonment, or probation. A burglary attorney helps defend cases involving residential, commercial, and weapon-related burglaries under California Penal Code 459.
By Brad Nakase, Attorney
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The crime of entering a structure with the intent to commit another crime is known as burglary, sometimes known as “breaking and entering.” Force need not be used; only an unauthorized entry is required. Although theft is frequently linked to burglary, burglary actually refers to any unauthorized access made with the intention of perpetrating any crime, including theft or assault.
When someone enters a building, car, ship, or freight container (structure) with a plan to steal something or commit a crime, they are guilty of burglary in California under Penal Code 459.
In the state of California, breaking into a home, apartment, hotel room, or any other building where people reside is always a crime. It is referred to as “Residential Burglary” or “First Degree Burglary.”
Penalties for Residential Burglary in the First Degree
In the state of California, breaking into a store, business, or any other location where people are not present is regarded as “Second Degree Burglary.” Another name for it is “Commercial burglary.”
Each state’s criminal statutes contain detailed descriptions of what exactly qualifies as a burglary. The prosecution must demonstrate that the offender intended to commit a felony—which need not involve stealing—or a theft within the building at the exact moment of entry, which sets burglary apart from less serious offenses like trespassing.
Depending on the specifics of the case and the criminal history of the accused, prosecutors may choose to charge “Commercial Burglary” as a misdemeanor or a felony.
Penalties for Commercial Second-Degree Burglary
Penalties for Misdemeanor Second-Degree Burglary
Any equipment or tool that can be used to break into a building is called a “Burglary Tool.” Any instrument that can help you carry out a burglary is also included.
Some examples of burglary tools are as follows:
Criminal Code 466 PC deems it a misdemeanor to have any burglary tools with a view to enter a property and commit an act of theft. This includes Slim Jims, crowbars, pliers, and screwdrivers.
Penalties for offenders could consist of:
If someone enters or stays illegally in a building with the intention of committing a crime there while carrying explosives, a lethal weapon, or a dangerous tool, it is considered first-degree burglary (Burglary 1). Class B felonies like burglary 1 carry a maximum sentence of 20 years in prison with a minimum requirement of five years, a fine of up to $15,000, or both.
A person enters or stays illegally in a residence at night with the aim to commit a crime there while equipped with a firearm and uses, threatens to use, shows, or represents that he has a handgun. This is known as second-degree burglary using a firearm (Burglary 2a). Class C felonies like burglary 2a carry a potential sentence of 10 years in prison with a one-year obligatory minimum sentence, a fine of up to $10,000, or both.
If facing a burglary charge in Southern California, be sure to seek the assistance of a San Diego burglary attorney.
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