Burglary Charges Under Penal Code 459 PC
In California, burglary charges under Penal Code 459 PC, are divided into two categories, first-degree and second-degree. Under to Penal Code 459 PC any burglary of a residence is deemed as first degree burglary. Second-degree burglary is burglary of any other type of structure including commercial or business establishment.
Under California burglary laws, you may face burglary charges by entering a structure through an unlocked door or window. Thus, a judge or district attorney may find you guilty of burglary even if you didn’t necessary “break into” the establishment or structure.
What is Penal Code 459 PC?
Under Penal Code 459 Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit and or petit larceny or any felony is guilty of burglary.”
Can I Reduce My Felony Burglary Charges?
Yes, it is possible to reduce your PC 459 burglary conviction to shoplifting conviction under Proposition 47. If you were convicted of felony second-degree burglary you may be eligible for Proposition 47 re-sentencing from felony burglary to shoplifting misdemeanor. Call our office a schedule a free criminal defense consultation.
What Can I Be Charged with if I am Convicted of Burglary in California?
As mentioned above, burglary charges in California are divided into two categories, thus a conviction under penal Code 459 depend on whether you are charged with first-degree burglary or second-degree burglary.
What Can I Face if Guilty of First-Degree Burglary Charges?
In California, first-degree residential burglary are always felony. Additionally, due to California’s “Three Strikes” law, a first-degree burglary charge is considered as a “strike”. Consequences for first-degree burglary may include:
- Felony formal probation;
- Two (2) years, four (4) years or six (6) years in California state prison; and/or
- Fines of up to ten thousand dollars ($10,000)
What Can I Face if Guilty of Second-Degree Burglary Charges?
Unlike first degree burglary, second-degree commercial burglary under Penal Code 459 PC carries lighter penalties. If you are lucky the district attorney or prosecutor will consider charging you with a misdemeanor second-degree burglary charge rather than a felony. However, you can still potentially face an felony second-degree burglary charge. If you are convicted of felony second degree burglary charges you may potentially face:
- Felony probation;
- Sixteen (16) months, two (2) years or three (3) years served in county jail; and/or
- Fines of up to ten thousand dollars ($10,000).29
Call our office at (310) 943-1171 request a free criminal defense consultation. Our criminal defense attorneys may be able to help defend you and potentially reduce or drop your charges.
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