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Burglary
The definition of burglary varies according to jurisdiction, but in most states, it is a felony. Generally speaking, burglary is the act of entering into a building with the intent to steal property or commit another felony. A burglary conviction can result in incarceration, significant fines, and a permanent criminal record.
California Burglary Law
Under California law (Penal Code Section 459), entering into a building with the intent to commit a theft or some other felony is classified as Burglary. First Degree Burglary is often referred to as Residential Burglary. First Degree burglary includes a home, attached garage, boat, floating home, trailer, railroad car, aircraft, warehouse or the inhabited portion of a building. The theft or other felony does not have to be actually committed; only the entry with intent to commit the theft or the felony has to be proved. First Degree Burglary is considered a serious felony and a “Strike” in California. All other burglaries of cars and businesses are classified as Second Degree Burglary. These auto or commercial burglaries of a store or auto are charged as misdemeanors but can be charged as a felony. Second Degree Burglary is often charged in connection with shoplifting charges. Second Degree Commercial Burglary can be charged if a shoplifter is caught with scissors or some cutting tool used to remove price tags. It is impertinent that you contact a legal professional at Cole MacGregor & Collins, LLP if you have been involved or could have been involved in acts of this nature.
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