California Penal Code Section 459
Are you facing charges for Burglary? Violation of California Penal Code Section 459 can be a serious felony or misdemeanor offense. We at MacGregor & Collins have over 30 years of experience in Orange County burglary cases. We are an unparalleled OC criminal defense firm who will help you understand the charges brought against you and fight to get you the best judgment possible for your case.
According to California Penal Code 459, anyone who enters a property deliberately to steal is guilty of burglary.
In order to prosecute for Orange County CPC 459, the state has the burden to prove you were guilty of:
- Entering a property
- You entered the property with the intent to steal or commit a felony
There are two types of burglaries, first and second degree. First degree burglary is if you committed burglary (as defined above) in a property where someone resides.
The penalties or punishment for burglary depend on a number of factors including your criminal history and the circumstances surrounding the case.
First degree burglary is filed as a felony and those found guilty can face:
- Felony - 2, 4/6 Years in the California State Prison and a maximum $10,000 fine
Second degree burglary can be filed under (felony or misdemeanor), and those found guilty can face:
- Misdemeanor - Up to I Year in the Orange County Jail and a maximum $6,000 fine
- Felony - 16 months, 2-3 Years in the California State Prison and a maximum $10,000 fine
Other Potential Penalties:
If weapons were used during the burglary or the defendant inflicted physical injury on the victim, the penalties are more severe and other offenses may be filed.
If you are facing burglary charges for Penal Code 459 and were falsely accused, the OC criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.
