Under California law, burglary is classified as first degree or second degree, depending on the specific circumstances of a case. Burglary is generally defined as the breaking and entering of a structure, such as a residence, business, or other qualifying building for the purpose of committing grand or petit larceny, or with the intent to commit a crime.
There is a significant difference between first and second degree burglary in the state of California. Burglary of a residence is usually considered first degree burglary, whereas burglary of a non-residential structure is considered second degree burglary. Punishment for first degree burglary can include up to six years in prison and counts as a strike. If it is your third strike, you could serve up to 25 years to life in prison.
Punishment for Second Degree Burglary
A prosecutor can charge an offender with a felony or a misdemeanor for this crime. Felony second degree burglary is punishable by up to three years in a county jail. Misdemeanor second degree burglary is punishable by up to one year in a county jail. The factors that will determine whether or you are charged with a felony or a misdemeanor include:
- Prior convictions
- The type of crime you committed after entering the structure
- If there is sufficient evidence to convict you.
Choose a Competent California Criminal Defense Lawyer
If you have been charged with burglary, it is important to understand the crime you are being accused of and the punishment you could face. At The Law Offices of Robert G. Cummings, our Redwood City theft crimes defense attorney is an experienced trial lawyer who deeply understands burglary defense and the most effective types of defense strategies.
Set up a free consultation by calling our office today at (650) 620-7290.