If you get convicted or burglary in California, chances are pretty good you’ll be spending time in jail or prison. How much time will all depend on a few factors that include what you participated in, if you’ve had previous arrests and if you can find an attorney to handle the situation to defend your rights.
What Evidence is Needed to Prove California Penal Code Section 459-460?
California penal code 459 defines burglary as a crime in which someone enters a building with the deliberate intention of stealing goods or money or committing some other felony. This code differentiates two categories of burglary. With the more serious charge of first degree burglary that involves entry into an inhabited building and the lesser charge of second degree burglary that involves entry into a commercial property or any type or burglary that is not first-degree burglary. The biggest difference in the sentences that are possible with the two categories of the crime is the maximum time you may have to spend in jail or prison.
Jail & Prison Time for First Degree Burglary
Penal code 459 states that first degree burglary is burglary of an inhabited dwelling, but an ‘inhabited dwelling’ can vary. This dwelling can be a house, cabin, mansion, trailer or event a tent. Basically, anywhere someone is living, and all these dwellings include if they have been vacated due to an emergency or a natural disaster. The amount you intended to steal and whether you have prior convictions will determine how long your sentence will be. In California, the intent to steal more than $400 is regarded as grand larceny and will result in a felony conviction. This means that a first offence can result in a sentence of two years in prison. The maximum sentence for first degree burglary is six years in a state prison.
Jail Time for 2nd Degree Burglary
Any burglary that doesn’t involve an inhabited dwelling is categorized as second degree burglaries. This usually involves commercial buildings. As with first degree charges, the sentence will all depend on how much you intended to steal and whether you have any prior convictions. You can be convicted of a misdemeanor if it has been proven that you have the intent to steal less than $400 worth of goods. A felony charge will be the result if you had intended to steal more than that. The maximum sentence for second degree burglary is three years in a county jail.
Bail Bond Services in Selma & Fresno County, Atwater & Merced County, Visalia & Tulare County, Hanford & Kings County, Madera County and the Central Valley of California
Burglary in California is a serious crime with a three strike law. This means that the first time you are convicted, it’s an automatic first strike and with a second offense, will come a much harsher sentence. Hiring an attorney can help you get the charges reduced or dismissed all together. In addition to jail or prison time, a burglary conviction can also mean you’ll have a fine that needs to be paid, a period of probation and long-term effects on your job, business and family life. If you or a loved one has made a bad choice and have been arrested for burglary, call the professionals at Ajua Bail Bonds to help you get out of jail as quickly as possible.