California Second Degree Burglary There's No Alternative

Orange County Second Degree Burglary Lawyer

Serving Clients in Orange County, Riverside, San Bernardino & Los Angeles

Penalties for Second Degree Offenses

2nd Degree Offenses in California can be handled as a misdemeanor or felony based on the specific circumstances of the case. The sentencing for each include:
2nd Degree Offense – Misdemeanor Charges:

  • 1 Year Imprisonment in the County Jail
  • $1,000 – Maximum Fine

2nd Degree Offense – Felony Charges:

  • 2 or 3 Years Imprisonment in the California State Prison
  • $10,000 – Maximum Fine

How Does The Prosecution Prove Intent?

Since “proving purpose of theft or felony” for entering a property is one of the main elements the prosecution needs in a burglary case, how is this typically proven? The answer includes:

  • How the accused dressed; did he or she where clothing to cover their identity?
  • What time of day the crime transpired; many burglaries occur when the accused stands a greater chance of not being seen.
  • If the burglar was caught with specific tools that are commonly used in burglaries like crowbars or hammers.

What Is Auto Burglary?

This is defined as breaking into a secured vehicle, with the purpose of stealing the car, possessions inside the car, or with the purpose of carrying out another crime. Auto Burglary carries the same sentencing as second degree burglary.

Stipulations for Breaking and Entering Laws

There are additional outlines in California Breaking and Entering Laws, and these include:

It is a felony to use explosives or items that have the ability to cut through steel or concrete, with the intent to enter, steal or commit a felony. Irrespective of where these burglaries are executed, felony charges apply for 3, 5 or 7 years of imprisonment.

While probation is used in sentencing for other crimes, this is not the case with California breaking and entering. Penal Code 462 stipulates that probation should not be granted unless there is a greater benefit in ordering this option. If probation is granted, the reasons have to be justified by the judge.

The Difference between Burglary and Trespassing

Trespassing is similar to burglary in that there’s usually an illegal entry in a property without the owner’s consent. However, distinctions between the two includes:

  • Trespassing does not include intent to steal or commit a felony as an element of the crime
  • Trespassing can occur on an empty land space

How to Fight Accusations in California

If you’re facing burglary charges in the 1st or 2nd degree, the Orange County burglary attorneys at the Law Offices of Randy Collins can help. We’ll bring the skill, experience, and personal care needed to give you a fighting chance at beating your charges.

Call our Orange County burglary lawyers today at (844) 285-9559.


  • Over 45 years of Collective Experience
  • Thousands of Cases Successfully Handled
  • Former Deputy District Attorney
  • Impressive Track Record of Results
  • Highly Respected by Peers and Clients
  • Free Initial Consultation


Over the years our firm has earned numerous awards and accolades for delivering outstanding legal representation. Some of our awards include: Admission to The National Top Trial Lawyers Association since 2014, AVVO Rating 10.0 Superb Rating, American Institute of Criminal Law Attorneys Award "10 Best Attorney Client Satisfaction" in 2018, Nationally Ranked Top 100 Under 40 in California Attorney Award in 2017, Member of the Newport Beach Chamber of Commerce since 2018, Martindale-Hubbell Accredited Law Firm, Distinguished in Orange County Metro "Top Attorneys" section, and Featured in Orange Coast Magazine in April 2010 as one of "Orange County's Best Criminal Defense Attorneys".

  • Best Criminal Defense in Irvine - 2022
  • Best DUI Lawyer In Irvine- 2022
  • Best DUI Lawyer in Santa Ana - 2022
  • Best Criminal Defense Lawyer New Port Beach- 2022
  • 10 Best Attorney
  • Top 100 Trial Lawyers
  • Under 40
  • avvo 10.0


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