In California, burglary charges are taken extremely seriously and can have life-altering consequences. Depending on the facts of the case, burglary may be prosecuted as either a misdemeanor or a felony, and in many situations, what begins as a “lesser” charge may quickly be enhanced to a felony. A felony conviction can lead to lengthy prison terms, heavy fines, loss of civil rights, and significant barriers to employment, housing, and future opportunities. Understanding how burglary is defined under the law, including what enhances a burglary charge to a felony in California, is essential if you are facing this type of accusation. As always, be sure to first contact a knowledgeable California burglary attorney to help prepare your defense.
An Overview Crime of Burglary Under California Penal Code 459
California Penal Code 459 defines burglary as entering any structure with the intent to commit theft of property valued at more than $950, and with the intent to either commit burglary or with the intent to commit a felony inside. Prosecutors must prove all elements of the crime beyond a reasonable doubt in order find a defendant guilty of burglary.
The Difference Between First Degree and Second Degree Burglary
California law recognizes two types of burglary:
- First-Degree Burglary (Residential Burglary): Involves entering an inhabited dwelling with the intent to commit theft or another felony. As it threatens the safety of people in their homes, this charge is always treated as a felony. Convictions carry sentences of two, four, or six years in state prison, fines up to $10,000, and the offense counts as a “strike” under California’s Three Strikes Law.
- Second-Degree Burglary (Commercial Burglary): Refers to burglary involving a non-residential structure, such as a business. This type of burglary is called a “wobbler,” meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances. If filed as a misdemeanor, the penalty may include up to one year in county jail. If charged as a felony, the punishment can extend to three years in state prison.
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Reasons Why a Burglary Charge Could Be Enhanced to a Felony
For second-degree “commercial” burglary, prosecutors hold significant discretion in deciding whether to pursue misdemeanor or felony charges. Several factors influence this decision, including:
- Severity of the Crime: Offenses involving extensive property damage, large financial losses, or serious risk to public safety are more likely to be treated as felonies.
- Value of the Property Taken: Stolen property of high value often pushes charges toward felony-level prosecution.
- Use of Violence or Weapons: If the burglary involved threats, weapons, or physical harm, the likelihood of felony charges increases substantially.
- Defendant’s Criminal History: A person with prior convictions, particularly felonies, is more likely to face harsher charges.
- Aggravating Circumstances: Situations involving children, vulnerable victims, or other aggravating factors may influence prosecutors to pursue felony-level penalties.
As prosecutors in California have broad discretion in deciding whether to pursue a burglary charge as a misdemeanor or a felony, having the right legal counsel is critical. An experienced California burglary defense attorney can fight to have your charges reduced or, when necessary, vigorously defend you in court to protect your future.
The Lasting Consequences of a Felony Burglary Conviction
A felony burglary conviction in California is far more than just a short-term punishment. In addition to prison time and fines, it creates a permanent criminal record that can affect employment, professional licensing, immigration status, and even the ability to own firearms. With California’s “Three Strikes Law”, a single felony conviction also increases the penalties for any future felony charges, potentially doubling prison sentences or resulting in life imprisonment.
Contact The Law Office of Nicolai Cocis Today to Fight Your California Burglary Charge
If you or a loved one is facing burglary charges in California, you cannot afford to take risks with your future. The difference between a misdemeanor and a felony conviction could mean the difference between short jail term and years in prison, not to mention the long-term impact on your life and livelihood. Do not wait until it’s too late! With over 25 years of criminal defense experience, The Law Office of Nicolai Cocis ready to maintain your rights, challenge the prosecution’s case, and fight for the best possible outcome. Contact our top-rated California criminal defense firm today to schedule a free consultation.
