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What You Need to Know if You Are Accused of Burglary and How it Can Affect You - Penal Code Section 459

By Walin & Klarich

In California, burglary is a very serious crime with serious consequences. There are generally two types of burglary, commercial and residential, often called first and second degree burglary. Burglaries committed in someone?s home are residential burglaries which are always felonies. All other burglaries are commercial burglaries and can be charged as either a felony or a misdemeanor. California defines burglary as entering a structure with the intent to commit a felony once inside. A defendant can be convicted of commercial burglary if the defendant entered a building, vehicle, vessel, or cargo container, with the intent to commit theft or a felony. A felony commercial burglary conviction is punishable by up to three years in state prison...continue to full post

Full post as published by Southern California Criminal Defense Blog on February 09, 2010 (boomark / email).