Practice Area
California Burglary Sentencing
Burglary Sentencing & Punishment – Penal Code Section 459
First degree burglary is a serious felony and a strike under California Penal Code section 1192.5. California punishes strike offenses much harsher than regular felonies. A strike conviction can have a devastating and long lasting effect. A felony conviction with two prior strike convictions can result in 25 years to life imprisonment.
Burglary in the first degree is punishable under California Penal Code Section 461(1) by imprisonment in the state prison for two, four, or six years. Burglary in the second degree is punishable under California Penal Code Section 461(2) of the Penal Code by imprisonment in the county jail not exceeding one year or in the state prison for a term of 16 months, 2 years or 3 years.
If convicted of First degree burglary you must serve at least 85% of your sentence, regardless of good behavior or other circumstances. It also may have serious consequences if you’re convicted of another felony later; your prison sentence automatically doubles on the second “strike,” and you must serve at least 80% of that sentence. On the third “strike,” you may be in prison for life.
Strike convictions have a tremendous and potentially devastating effect because any future conduct will be punished more severely. If you have a prior strike, be aware that if at anytime in your life you are convicted of a new felony, your potential sentence may be doubled by the court. It is important to consult with an experienced attorney to determine the consequences of a strike conviction.
If you are accused of Second Degree Burglary, whether or not you are charged with a felony or misdemeanor is entirely in the discretion of the prosecutor. This is why it is so critical to retain an experienced burglary criminal defense lawyer as soon as you find out you are being accused of burglary. Often, your lawyer may be able to convince the prosecution to file only misdemeanor burglary charges, especially if the amount of the value of the loss is less than $400. A misdemeanor commercial burglary carries a potential penalty of up to one year in county jail and a $1,000 fine. A felony commercial burglary conviction is punishable by 16 months, 2 years or three years in state prison or the court has the power to grant you probation.
All burglary charges in California are very serious. They can lead to your arrest and ultimately your spending time in state prison or county jail. You should call Wallin & Klarich today to discuss your options with our knowledgeable Southern California burglary defense attorneys if you find yourself facing burglary charges. Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com. We will be there when you call.
