Burglary is a serious criminal offense under California law that can carry significant consequences, including jail or prison time, substantial fines, probation, and a permanent criminal record. Depending on the facts of the case, burglary may be charged as either first-degree or second-degree burglary, with each offense carrying different levels of punishment. It is important to understand how second-degree burglary charges arise, the penalties associated with a conviction, and the potential legal defenses available under California Penal Code 459. If you or a loved one has been charged with 2nd degree burglary, contact a knowledgeable California burglary attorney as soon as possible.
Understanding Burglary Under California Penal Code 459
California Penal Code 459 defines burglary as entering any structure or locked vehicle with the intent to commit a theft or with the intent to commit a felony once inside. Contrary to popular belief, there does not need to be forced entry or “breaking in” for prosecutors to pursue burglary charges. Simply entering a structure with the required criminal intent may be enough to support burglary.
To obtain a conviction, however, the prosecution must prove every element of the offense beyond a reasonable doubt. One of the most important elements is intent. Prosecutors must establish that the accused intended to commit theft or another felony at the time they entered the structure.
The Difference Between First Degree vs Second Degree Burglary
Under California law, burglary offenses are divided into two categories: first degree burglary and second-degree burglary.
First degree burglary, commonly referred to as residential burglary, involves entering an inhabited dwelling or residence. First degree burglary is always charged as a felony and may result in a state prison sentence of two, four, or six years. Additionally, residential burglary is considered a “strike” offense under California’s “Three Strikes Law”, which can lead to enhanced penalties for future felony convictions.
Second degree burglary, often called “commercial burglary”, applies when the offense involves entering a non-residential structure, such as a store, office building, warehouse, or any business. Although second degree burglary is generally viewed as less serious than residential burglary, it can still have severe consequences.
2nd Degree Burglary Penalties and Jail Time
Unlike first degree burglary, second degree burglary is considered a “wobbler” offense in California. This means prosecutors have discretion to file the case either as a misdemeanor or a felony depending on the circumstances of the alleged offense and the defendant’s criminal history. If charged as a misdemeanor, second degree burglary may carry a sentence of up to one year in jail. If charged as a felony, the penalties can include up to three years in California state prison. Courts may also impose fines, probation conditions, restitution payments, and other penalties.
Burglary Defenses and Legal Strategy
There are several defenses that may apply in a second-degree burglary case. One of the most common defenses is to argue that lack of intent element. If the defendant did not intend to commit theft or another felony at the time of entry, the prosecution may be unable to prove burglary occurred. Other possible defenses may include mistaken identity, insufficient evidence, unlawful police conduct, or false accusations. Surveillance footage, witness statements, and electronic evidence can all play a crucial role in defending against burglary allegations. Anyone facing burglary allegations in California should seek qualified legal counsel immediately to protect their rights, freedom, and future opportunities.
Contact The Law Office of Nicolai Cocis Today to Fight Your California Burglary Charge
A conviction for second degree burglary in California can have serious and lasting consequences far beyond possible jail or prison time. In addition to criminal penalties, a burglary conviction may create long-term damage to a person’s criminal record, making it more difficult to obtain employment, housing, professional licenses, or other future opportunities.
If you or a loved one has been charged with second degree burglary, contact The Law Office of Nicolai Cocis for experienced criminal defense representation in Riverside County. With over 25 years of criminal defense experience, our firm has successfully helped clients fight serious criminal allegations and works aggressively to seek acquittals, pleas deals, dismissals, and reductions whenever possible. Early legal intervention can make a substantial difference in the outcome of a case. Don’t wait; contact us now to plan your defense
