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What Is First-Degree Burglary in California?

By San Diego Attorney on October 15, 2024

In California, burglary is defined as entering a building with the intent to commit theft or any felony. This means you do not actually have to steal anything to be charged with burglary.

There are different degrees of burglary, with first-degree being the most severe. It is a serious crime and is always considered a felony, so it can lead to significant consequences and harsh penalties.

If you face charges of burglary in Los Angeles, it is important to know your legal options and seek professional legal help to safeguard your rights and future.

Burglary Laws in California

First-degree burglary in California involves breaking into an inhabited dwelling, like a house or apartment, with the intent to commit theft or any felony inside. The law defines an inhabited dwelling as any place where someone lives—even if they are not present during the burglary. The reason this offense is classified as a felony is due to the potential risk to occupants.

The intent to commit a crime must be formed before or when entering the building, which means you do not actually have to complete the crime to face charges. Simply having the intent is enough.

First-degree burglary charges can result from various scenarios. For instance, consider the example of someone who breaks into a home intending to steal electronics. Even if they are caught before taking anything, they can still be charged with first-degree burglary.

Another example involves entering an apartment with the plan to commit assault. Even if the assault does not happen, the intent to commit a felony upon entry can lead to first-degree burglary charges. Entering a garage attached to a house with the intention to commit any felony, like vandalism, can also result in a first-degree felony.

The Difference Between First- and Second-Degree Burglary

The main difference between first- and second-degree burglary in California is the type of building involved. First-degree burglary specifically targets places in buildings that people use as homes, such as houses or apartments. However, second-degree burglary involves entering non-residential structures, such as businesses or uninhabited buildings.

Moreover, second-degree burglary may be charged as either a misdemeanor or a felony, making it a wobbler offense. This means the prosecution has discretion based on the specifics of the case and the criminal history of the defendant. So, while misdemeanor convictions are generally viewed as less severe than felonies, they can still carry significant consequences, including fines and probation.

Is First-Degree Burglary a Felony?

First-degree burglary in California is punished severely due to its classification as a felony. A conviction can lead to a state prison sentence ranging from two to six years.

Beyond imprisonment, defendants face a range of additional consequences. For example, a felony record can affect employment prospects because many employers are hesitant to hire a person with a criminal background. It can also impact housing opportunities, as landlords may be wary of renting to someone with a felony conviction. Further, a felony conviction can lead to the loss of certain civil rights, such as the right to vote or own firearms.

These penalties underscore the gravity of first-degree burglary charges and the importance of choosing skilled and experienced legal counsel to provide a robust defense.

Second-Degree Burglary Penalties

If second-degree burglary is charged as a misdemeanor, the consequences may include up to one year in county jail. On the other hand, if it is prosecuted as a felony, the punishment could involve a state prison sentence of up to three years and fines of up to $10,000.

The inconsistent sentencing for second-degree burglary highlights the importance of having a skilled lawyer by your side. They can negotiate with prosecutors—potentially reducing felony charges to misdemeanors—which can significantly reduce the consequences of a conviction.

How a Criminal Defense Attorney Can Help You

A criminal defense lawyer is an essential ally to anyone facing first-degree burglary charges. Their knowledge and advocacy are invaluable in helping defendants understand their legal options and make informed decisions. They can significantly influence the course of the case and the future of the defendant, providing legal guidance and developing a defense strategy tailored to the specifics of the case.

An attorney can thoroughly investigate the circumstances surrounding the charges, gather evidence, and identify weaknesses in the case. They can also negotiate with prosecutors to seek reduced charges or potential plea deals.

By presenting a strong defense, your lawyer works to secure the best possible outcome, whether that is a dismissal, reduced charges, or acquittal. Additionally, they aim to ensure the rights of the defendant are protected throughout the legal process, challenging any procedural errors or violations.

Defenses for First-Degree Burglary

There are several defense strategies available when facing first-degree burglary charges in California. One approach is to challenge the intent. Since intent to commit a crime is a crucial element of burglary, demonstrating that there was no intent to steal or commit a felony can be an effective defense. For example, if the defendant developed the intent to commit a theft or felony after entering the building, then there is no felony.

A mistake of fact can also apply in a burglary defense. For example, if you entered the building to take back something that you thought belonged to you or if you believed you had permission to take the item, then there was no intent to commit a crime.

Another defense option is mistaken identity. If the defendant was not the person who committed the burglary, proving an alibi or challenging witness testimony can be vital.

Police misconduct can also be an effective legal defense against burglary charges. Additionally, procedural defenses, such as challenging an illegal search or arguing that evidence was improperly obtained, can lead to the dismissal of charges.

What To Do Next If You Have Been Charged with Burglary in San Diego

If you are facing prosecution for any type of criminal offense in San Diego, contact jD Law Criminal Defense Attorneys right away. Firm founder and lead attorney James N. Dicks has over 30 years of legal experience and can find the best strategy to have the charges against you dismissed or reduced.

Call jD Law Criminal Defense Attorneys today at (760) 630-2000 to schedule your free consultation with our experienced San Diego burglary defense lawyer.