Why am I being charged with burglary?
Burglary is the crime of breaking and entering a building with intent to steal or to commit a felony inside. (California Penal Code § 459) To obtain a conviction, the prosecution need only prove that the offender entered the building with such intent; proof that the individual actually stole or committed the felony is not required. Individuals accused of shoplifting will generally be charged with burglary and petty or grand theft.
Under California law, burglary is either first-degree or second-degree, with each carrying different sentences for punishment. First-degree burglary, or residential burglary, is a felony punishable by up to six years in prison. It is also a “strike” offense and can be enhanced if the individual was carrying tools or has a prior offense.
Second-degree burglary, often called “commercial” burglary, generally occurs in a business – not in a home. It may be charged as either a misdemeanor or felony offense. As a misdemeanor, second-degree burglary is punishable by up to one year in county jail, and is not considered a “strike.” As a felony, second-degree burglary is punishable by up to one year in state prison. Charges of second-degree burglary can be brought against those who have the specific intent to steal something from a store or business when they walk in the door. In these scenarios, the individual will also be charged with either petty theft if the property value is $400 or under, or grand theft if the property value is over $400.
In many cases of burglary, the key issue is intent. The Law Offices of Bowman & Associates, APC has significant experience in understanding the complexity of the criminal law code in California, its interpretations, and its application as it involves burglary.
If you face criminal charges, contact our Competent Sacramento Criminal Defense Attorneys: Erika Gaspar and David Foos at (916) 923-2800.
