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Theft Laws of California
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Penal Code 459 PC
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Legal Definition
Penal Code 459 PC defines “burglary” as entering a room, house, or locked vehicle with the intent to commit a felony such as theft.
Burglary is often also referred to as “breaking and entering.” However, prosecutors can charge this crime even if there was no forced entry into a room or structure. Only auto burglary requires an actual break-in.
Sanctions or Penalties
Penalties for residential burglary include up to 6 years in state prison. This type of burglary also counts as a strike under California’s Three Strikes Law.
Other penalties for second-degree commercial burglary in California may include:
- Burglary of a store, business (or any place where people do not live).
- Burglary charges carry up to one year in county jail.
- A felony commercial burglary conviction may subject you to a sentence of up to 3 years in jail.
A felony commercial burglary conviction may subject you to a sentence of up to:
- 3 years in jail
First-Degree Burglary or residential burglary is always a felony. If you are found guilty of first-degree burglary, you face:
- Probation with up to one year in county jail, or Two, four, or six years in California state prison
- A maximum fine of $10,000
In addition, a conviction for residential burglary counts as a strike under California’s Three Strikes Law.
Second-Degree Burglary
This offense may be charged as either a misdemeanor or a felony, depending on:
- The circumstances of the case
- Your criminal history
If you are charged with misdemeanor second-degree burglary, your penalties may include:
- Probation
- If you are convicted of second-degree burglary as a misdemeanor, you may face up to one year in county jail and a maximum fine of $1,000.
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