Burglary Overview – Penal Code Section 459

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Types of Burglary In California

There are two types of burglary in California:

  1. First degree burglary
  2. Second degree burglary

First-degree burglary

A burglary committed in someone’s home is considered first degree burglary, which are always felonies (residential burglary). All other types of burglary are considered “second degree” or “commercial burglary.

Second-degree burglary 

Under California Penal Code Section 459, second degree burglary is defined as entering a building, vehicle, vessel or cargo container with the intention of either stealing something or committing a felony. Under the law, the state does not need to prove that you succeeded in stealing or committing a felony; it must only prove that you intended to.

Call Wallin & Klarich Today

Both first and second degree burglary can be prosecuted as a felony. If you or a loved one is accused of burglary it is essential to retain an experienced California burglary defense attorney at Wallin and Klarich so we can aggressively defend you from these serious charges.

Many of the clients who are wise enough to retain our criminal defense law firm are able to resolve their case by way of either a dismissal or by a grant of probation and do not go to state prison. Of course what will happen in your case depends upon the facts of your case, your prior record and how soon after your arrest you retained our law firm to help you.

If you or someone you love is facing burglary charges in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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