In simple terms, burglary is the entry any structure where, at the time of entry, the person entering has the intent to commit any theft or any felony. The crime of burglary is codified in Penal Code section 459.
It is not required that anything be stolen, or a felony be committed in the structure, only that intruder intended to commit a theft or a felony.
Therefore, a simple trespass can become a burglary if the arresting officer thinks you were trying to steal or to do harm to someone.
A first-degree burglary is always a felony, whereas some second-degree burglaries may be prosecuted as misdemeanors in the discretion of the prosecuting attorney.
For a second-degree burglary, prosecuted as a misdemeanor, a person may be sentenced to one year in the county jail, but if prosecuted as a felony, a person may be sentenced to 3 years of state prison and not less than 16 months of state prison.
What should I do if I am charged with Burglary?
You should immediately contact an experienced criminal defense attorney, like those at Manshoory Law Group, APC to assist you in analyzing the specific facts of your case, preparing and presenting defenses before and during trial, and making sure you understand your rights and helping you enforce them. The risks of a Burglary conviction are too great to go-it alone. Call now for a free consultation. (877) 977-7750.