Burglary is frequently used interchangeably with robbery in everyday speech. The fact is that there are numerous theft crimes, and each one has a distinct meaning. The California Penal Code establishes important distinctions between burglary, robbery, and theft. We’ll talk about the specifics of burglary charges in California today.

Call Simmons Wagner, LLP at (949) 439-5857 if you have questions concerning burglary charges or if you have been accused of or charged with this crime.

What constitutes a burglary?

Burglary is the act of breaking into someone’s home or property (including a company) with the intention of stealing or committing another felony. A person breaking into a buddy’s house with the intention of assaulting that friend is one example. Even if they did not really carry out the assault, they are still guilty of burglary if they entered their residence with the intention of doing so.

Here’s another illustration: In order to steal computers, someone breaks into their school. Burglary is still a crime, even if no one else was present when the break-in occurred. This is due to the fact that burglary charges do not require face-to-face interaction; the offense can be classified as a burglary even if no one else was there.

Be aware that a burglary is not the same as a break-in. Why? Because a burglary can occur without someone breaking in. They might enter through a window or an unlocked door.

Burglary in the first and second degrees

The first and second degrees of burglary exist. When someone is charged with first-degree burglary, they are said to have broken into a house or other building. Also known as residential burglary. All other breaks in that aren’t into a person’s home are considered second-degree burglaries. This is sometimes referred to as a business burglary.

Burglary in the first degree is a crime in California. A conviction may result in two, four, or six years in state prison instead of formal probation. Additionally, there may be fines of up to $10,000. Burglary is frequently charged alongside additional offences.

The prosecution can choose whether to charge second-degree burglary as a felony or a misdemeanor since it is a wobbler offense, which means it can be charged as either. If it is charged as a crime, the punishment may include felony probation or a sentence of 16 months, 2 years, or 3 years in a county jail. Additionally, there may be fines of up to $10,000 for this.

When second-degree burglary is tried as a misdemeanor, the punishments might include up to $1,000 in fines, a year in county jail, and summary probation.

Call Simmons Wagner, LLP at (949) 439-5857 to schedule a legal consultation if you have any questions concerning burglary accusations or need to speak with a criminal defense lawyer who can help you fight charges.