Committing a Burglary Offense in California
In our everyday use of colloquial English, we often incorporate and use legal jargon. However, in some cases, our use of the term can be partially correct. This is the case for what is known as burglary. The word burglary tends to only mean a person or persons robbing a victim’s home. This isn’t false, but burglary actually means more than that in California law.
Defining the Elements of the Crime
According to California Penal Code 459 PC, burglary can be a result of either theft or felony crime. This means that a person can be found guilty of burglary even if they do not steal anything from a building or car. Moreover, there are specific key aspects that the prosecution must prove in court in order for the defendant to be found guilty. First, the defendant must have gone into a house, building, or structure (or other places as determined by the penal code). Second, the defendant must have then had the intent to either commit theft or a felony crime. It is important for the prosecution to prove that the defendant entered that place with the intention to commit either of those crimes. Furthermore, it is the intent that counts and not whether the theft or felony was actually carried out.
Penalties and Sentencing for Burglary
If you have been accused of committing burglary, it is incredibly important that you seek the immediate counsel of an experienced criminal lawyer. The lawyers at Law Advocates Group have the experience to help you through the case. Burglary has two different charges: first- and second-degree. Second-degree can either be a misdemeanor or a felony, with the former resulting in a year’s jail time and the latter with up to three years in jail. However, the first-degree charge is only a felony and can result in up to six years in prison. Given the severity of the crime and sentencing, make sure to consult with an experienced attorney.