Penal Code Section 459.

There are two degrees of Burglary.

Second Degree Burglary is the entering of a commercial building or structure with the intent to commit theft or any felony. Structures can include a shop, warehouse, store, mill, barn, stable, outhouse, boat, railroad, sealed or locked cargo container, trailer coach, or car. The individual does not need to have actually committed the theft or felony as long as they entered with the intent to steal or commit another felony. A person is considered to have entered if some part of his or her body enters the building. This means that if a person’s arm reaches inside a window, they have entered the building.

Second degree burglary can be file as a misdemeanor or a felony. It is one of the crimes referred to as a “wobbler”. The maximum punishment for a second degree burglary if it is charged as a misdemeanor is one year in the county jail. The maximum penalty for second degree burglary if it is filed as a felony is 16 months in state prison. However, an experienced criminal defense attorney can often have a second degree burglary reduced to a misdemeanor even if it is initially filed as a felony.

A person may be charged with Aiding and Abetting if they knew of the intention of the individuals committing the burglary and intended to assist in the commission of the burglary. In many cases an aider and abettor will act as a “look out” or getaway driver. An aider and abettor can be punished in the same manner as those committing the burglary.

An experienced criminal defense attorney can help to fight these charges and ultimately get them dismissed or reduced. If convicted, an attorney can help drastically reduce the sentence.

Ms. Bass has handled many burglary cases which have resulted in either reduced charges or dismissals.

Attempted Second Degree Burglary may be punished by up to six months in the county jail.

Fist degree burglary is the entering of a residence or any inhabited dwelling including a house, apartment, room, boat or trailer with the intent to commit theft or any felony.

First degree burglary is a felony and a strike. The maximum punishment for first degree burglary is six years in state prison.

An experienced criminal defense attorney can help to fight these charges and ultimately get them dismissed or reduced. If convicted, an attorney can help drastically reduce the sentence.

Anyone charged with these crimes should consult with an experienced criminal defense attorney.

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