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 OC burglary attorneys at MacGregor and Collins can help. We’ll bring the skill, experience, and personal care needed to give you a fighting chance at beating your charges. Call us today at 888-250-2865.