Law Office of Ivan O.B. Morse
  • Home
  • Attorney Profile
  • Criminal Defense
  • Blog
  • Contact Us
Local 925.452.4065
Toll Free 888.865.0741
  • Call Today
  • Email Us
  • Our Map
  • Menu
Blog 2013 September What Constitutes Burglary and What are the Penalties in CA?
Previous Post  |  Next Post

What Constitutes Burglary and What are the Penalties in CA?

Posted By Dublin Criminal Defense Attorney || 23-Sep-2013

In order to be charged with burglary in California, the prosecutor has the burden of proving that the suspect entered property without permission, with the intent of committing a crime. 'Property' in these types of offenses can include a house, an apartment or a business. Entering premises is not sufficient to be charged with burglary, there must have been an attempt to commit a crime such as theft. Without the intent, it may just be a trespassing charge. There are two types of burglary in the state of CA, first degree and second degree. To be considered first degree burglary, the offense must have involved an inhabited dwelling. This could include a house or any property that is inhabited during the offense. This does not mean that somebody needed to be in the property, just that it is used as a dwelling. If the offense is not considered first degree then it will be approached as a second degree burglary. Contact a Dublin burglary lawyer from the Law Office of Ivan O.B. Morse if you have been arrested or charged with burglary.

The penalties for burglary offenses in California depend on the type of burglary offense. The breakdown of penalties depend on if it was first degree or second degree:

First- Degree Burglary in CA:

  • Charged as a felony
  • Punishable by either two, four or six years in state prison
  • Counts as a strike under the three strikes law in CA

Second-Degree Burglary in CA:

  • Wobbler offense that could be a misdemeanor or felony depending on the suspects' criminal record
  • If a felony- up to 3 years in state prison
  • If a misdemeanor- up to one year in jail
  • Do not count as a strike under California's three strike law

There are several defenses that can be made on your behalf if you are facing burglary charges. Contact the Law Office of Ivan O.B. Morse to team up with a burglary attorney in Dublin. Schedule your free case evaluation today to see how we can help!

Categories: Burglary, Theft

Share Post

Criminal Defense

  • DUI
  • Assault and Battery
  • Computer Crimes
  • Domestic Violence
  • Drug Crimes
  • Expungement
  • Federal and State Charges
  • Felonies
  • Hit and Run
  • Misdemeanors
  • Murder
  • Probation Violations
  • Search and Seizure
  • Sex Crimes
  • Theft Crimes
  • Vehicular Manslaughter
  • Warrants
  • Weapons Charges
  • White Collar Crimes

Contact The Law Office of Ivan O.B. Morse

Put Our Trusted Former Police Officer In Your Corner

Send My Message
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
Law Office of Ivan O.B. Morse

Call Today (888) 865-0741

Law Office of Ivan O.B. Morse - Dublin Criminal Defense Attorney
11700 Dublin Blvd., Suite 240, Dublin, CA 94568 View Map
Main (888) 865-0741
Local (925) 452-4065
Website: http://www.ivanmorselaw.com/ |© 2018 All Rights Reserved.|
Internet Marketing Experts