Call Now For A Free Consultation

(619) 430-2355

San Diego Burglary Lawyer

Click Here to Download Our Guide if You Have Been Arrested in San Diego

San Diego Burglary LawyerSan Diego Burglary Lawyer

What is Burglary?

Burglary, often referred to as “breaking and entering”, is the crime of breaking and entering into a structure for the purpose of committing another crime. The entry must be unauthorized but does not need to include the use of force. While burglary is often associated with theft, any unlawful entry for the purpose of committing any crime, such as theft or assault, constitutes burglary.

Under California Penal code 459, you can be found guilty of burglary in California for entering a building, vehicle, vessel or cargo container (structure) with the intention of either stealing something or committing a felony.

What are the Penalties for Burglary?

First Degree Burglary

Burglary of a house, apartment, hotel room (or other structure where people are living) is always a felony in the state of California. It is known as “First Degree Burglary” or “Residential Burglary”.

 

Sentencing for First Degree (Residential) Burglary:

Second Degree Burglary

Burglary at a store, business (or any other place where people are not residing) is considered “Second Degree Burglary” in the state of California. It is also referred to as “Commercial burglary”.

The criminal statues on the books in each state provide their own specific definitions of what constitutes burglary. What distinguished the burglary from less misdemeanors such as trespassing is that, with burglary, the prosecution has to prove that a defendant intended to commit a felony (not necessarily involving stealing) or a theft inside a building, at the very moment the defendant entered.

Prosecutors may elect to file a “Commercial Burglary” charge as a misdemeanor or a felony based on an individuals circumstances and criminal history.

Sentencing for Second Degree (Commercial) Burglary

 

Second Degree as a misdemeanor

 

 

What is considered a “Burglary Tool?”

A “Burglary Tool” is any instrument or tool you can use to enter a structure. It also includes any tool that can assist you in committing a burglary.

Examples of Burglary tool may include:

Penal Code 466 PC makes it a misdemeanor to possess burglary tools with the intent to enter any building to commit a felony. Punishment for Violators May include:

 

Burglary with a Firearm

A person commits First-degree burglary (Burglary 1) if, armed with explosives, a deadly weapon, or a dangerous instrument, he enters or remains unlawfully in a building with the intent to commit a crime therein. Burglary 1 is a class B felony punishable by a maximum of 20 years imprisonment with a mandatory minimum of five years, a fine up to $15,000, or both.

A person commits Second-degree burglary with a firearm (Burglary 2a) if, armed with a firearm, he enters or remains unlawfully in a dwelling at night with the intent to commit a crime therein and uses, threatens to use, displays, or represented that he has a firearm. Burglary 2a is a class C felony punishable by a maximum of 10 years imprisonment with a mandatory minimum of one year, a fine up to $10,000, or both.

 

Sevens Legal can help you with your case

If you have been convicted of a burglary crime, Seven Legal will work aggressively to defend you. Call for a free consultation today so we can start working on your behalf.

Practice Areas

If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal, APC office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.

Request a Free Consultation

Feel free to fill out the form below to schedule a free case evaluation.

captcha

This Is Attorney Advertising. This website is designed for general information only. The information on this website should not be construed to be formal legal advice nor the formation of attorney/client relationship. You are not considered a client unless you have signed a retainer agreement and your case has been accepted. Prior results do not guarantee a similar outcome with respect to any future matter. Please call or email our firm for a free no-obligation case evaluation.