According to California law, the legal definition of burglary is breaking into and entering a building with the intent to steal something or to commit a felony. In this case, a building is loosely defined and can include anything from a home to a tent to a storage unit.

Many people understand that basic definition, but they often wonder: Why is it sometimes charged as first-degree burglary and sometimes charged as second-degree burglary? What’s the difference? Read on to learn about the difference, the potential consequences, and the potential defense options. Then reach out to Law Office of Michael L. Fell at (949) 585-9055 if you or a loved one has been accused of or arrested for burglary.

It’s all about the structure

In a case involving breaking into a residence, the burglary is first-degree burglary. On the other hand, when a person breaks into a building that isn’t a residence, like a business, a storage facility, or a school, then it’s second-degree burglary.

Potential consequences for first-degree burglary

According to California Penal Code, a conviction of first-degree burglary is a first strike under the Three Strikes law. A conviction for this crime can result in either two, four, or six years spent in prison. Due to the fact that it does count as a strike, you will have to serve a minimum of 85% of your sentence. If you’re convicted of first-degree burglary with a prior strike, then your sentence will be double and you must serve at least 80% of this doubled sentence. If you’re convicted of first-degree burglary on your third strike, then you’ll be looking at 25 years to life in prison.

Potential consequences for second-degree burglary

The consequences for first- and second-degree burglary are very different. A charge of second-degree burglary is what’s known as a wobbler, which gives prosecutors the choice of charging it as a felony or misdemeanor. They’ll consider a number of factors to decide how to charge you, including your criminal record, if you committed the crime before or after you entered the structure, and how much evidence they have.

A conviction for felony second-degree burglary can come with up to three years in jail. On the other hand, a conviction of misdemeanor second-degree burglary has a maximum sentence of 364 days in jail.

Potential defense options to burglary charges

Your criminal defense attorney will carefully assess your case and come up with the best way to provide you with the unique defense that will work for you. Some options include proving that you were with a group of people who committed a crime and that you had no knowledge that they intended to commit a crime, that the police violated your rights when arresting you, or proving that you were legally on the property.

The best way to find out what your best bet is to defend yourself is to reach out to Law Office of Michael L. Fell at (949) 585-9055. We are here to start with a free legal consultation. We’ll listen to your side and will give you honest and straightforward advice on your best options to move forward.