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Burglary

What Is Burglary?

As defined by California Penal Code 459, burglary is the entering a building, either commercial or residential with the intent of stealing. Burglary is often confused with robbery, although they are not the same crime. The difference between the two is this; to be charged with robbery, violence must occur, and intent to steal must be proven before entering the building.

What Are the Consequences of Burglary?

In California, there are varying degrees of burglary. First degree burglary is defined as breaking into a residential building a house, apartment, or anywhere someone resides. Second degree burglary is defined as breaking into a non-residential building, like a business. If convicted of first degree burglary, you will be charged with a felony, which could result in up to 6 years in jail, a hefty fine and probation. If convicted of second degree burglary, you could be charged with a felony or misdemeanor punishable for up to 1 year in jail, a fine and probation time.

Burglary is also a part of California’s Three Strike Law. California’s Three Strike Law states that if an offender commits the same crime a second time, the punishment will be doubled. If convicted a third time, the punishment could result in a life sentence.

Burglary

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Minors and Burglary

If you are a minor and have been charged with burglary, it could greatly impact your life if convicted. A conviction like burglary will appear on your criminal record, which could result in difficulty finding a job or getting accepted to college. If you are a minor and have been charged with burglary, contact an experienced criminal defense attorney to ensure you get the best defense possible.  

Local Stories About Burglary

In Otay Mesa, three individuals were charged with burglary. A local resident saw two men and one women jump a fence and break into a home. The resident then saw the three individuals flee the home in a white Nissan. A police officer said that two pistols and a video gaming system was stolen from the house. After a pursuit, the individuals in question were arrested by local police officers. The three people involved were charged with suspicion of burglary, as well as other charges.

Understanding Burglary

Learning about burglary helps you stay informed about the law and its real-world impact. Many think it means breaking into homes, but the definition is broader. In fact, it can happen in homes, businesses, or vehicles. It doesn’t always involve force or theft. Instead, the law focuses on unlawful entry and criminal intent.

California separates it into degrees. First-degree burglary involves residences and is treated more seriously. Second-degree burglary typically involves commercial properties. This distinction affects how courts view and handle each case. Both types can carry serious legal consequences.

Understanding burglary laws gives insight into how the justice system works. It shows how courts evaluate intent and protect property rights. Each case depends on specific facts and circumstances. Many people misunderstand what it really means. That’s why staying informed is important.

You might be a student, a researcher, or just curious. Either way, learning these details can expand your knowledge of criminal law. Moreover, you’ll understand media stories and legal conversations more clearly. Knowing the difference between burglary and similar crimes helps you avoid confusion. For example, not all unlawful entries involve such charges.

It’s also useful to understand how California law treats burglary tools. Possessing tools like crowbars, lock picks, or screwdrivers with the intent to commit burglary is a separate offense. Simply carrying these items is not illegal—but using or planning to use them for unlawful entry can lead to additional charges. This distinction highlights how criminal intent plays a key role in both burglary and related offenses. You may also need to look for a Burglary Tools Attorney when accused of owning tools for burglary.

Laws aim to protect both people and property. By learning about them, you stay empowered. Additionally, it helps you appreciate how intent influences legal outcomes. We all benefit from knowing how the law works. You don’t need to be a lawyer to understand the basics. You do need a Burglary Lawyer when you find yourself accused of such a crime.

Use this information to stay aware and educated. Criminal laws shape the safety and order of our communities. So, take time to understand topics like this. The more you learn, the better prepared you become. Stay informed. Stay aware. Knowledge strengthens everyone.

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