California law recognizes two types of burglary: first-degree and second-degree. First-degree is any burglary of a currently inhabited dwelling. This means that the property was used as a place to live at the time of the burglary. Properties abandoned due to a natural disaster or local emergency is also considered as a currently inhabited property. A dwelling is any house, apartment, residential room or business property designed to be lived in and is currently inhabited at the time of the burglary. More uncommon types of property such as tents and outhouses also qualify.
Any burglary not qualifying as first-degree burglary will proceed as a case of second-degree burglary.
A conviction for burglary in the first degree may result in a sentence of imprisonment for a term of two to six years. However, a conviction for burglary in the second degree cannot exceed a term of imprisonment in county jail for more than one year.
In some cases, the state court may decide to grant a defendant’s request for probation for burglary of a inhabited dwelling but it must reflect the interests of justice required by an unusual case.
State laws are constantly changing. Therefore, it is important to contact a criminal defense lawyer like The Law Men with an expertise in burglary.
The Law Men is a firm of expert criminal defense lawyers that will help you through any burglary charges and fight for your rights.