First Degree Burglary, also referred to as a res burg or residential burglary, is defined in
California Penal Code section 459 as the breaking and entering of a residence
with the intent to commit a theft or a felony. A residence by law is a
structure that is liveable/inhabitable. In plain language it means the
breaking into an occupied home with the intent to commit a crime. First
Degree Burglary includes a home; floating home; trailer coach; mobile
home; house car; camper; hotel or a motel room.
Second Degree Burglary, also referred to as commercial burglary, is the breaking and entering
of a non-residential or not inhabitable structure, such as a commercial
business or warehouse, with the intent to steal or commit a felony.
First Degree Burglary is always charged as a felony and is a “strike” under California
Law. It is punishable by two to six years in a California state prison
and a fine of up to $10,000. Second Degree Burglary is less serious than
First Degree Burglary and can be charged as a misdemeanor or a felony
depending on the circumstances. As a felony it is punishable by 16 months
to three years in county jail and a fine of up to $10,000. As a misdemeanor
the punishment includes up to one year in county jail. The decision to
file Second Degree Burglary as a felony or a misdemeanor will depend on
the defendant's prior criminal record and the value of the property
stolen or intended to be stolen in the commercial structure.
Los Angeles Burglary Defense Attorneys
If you or someone you know is facing Burglary charges in Los Angeles, you
should consult with an experienced criminal defense attorney who can explain
the the charges against you and assist you in preparing the strongest
defense possible against a burglary charge. The attorneys at Stephen G.
Rodriguez & Partners have decades of criminal law experience and can
provide you with the best possible defense. Call and schedule a
no-cost consultation and learn what legal options are available to you.