Burglary is defined in California Penal Code § 459. California Penal Code § 459 states as follows:
- Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary.
Burglary can be punished in different ways. California Penal Code § 461 describes the potential punishment for a burglary conviction.
- Penal code section 461 states:
- (a) Burglary in the first degree: by imprisonment in the state prison
for two, four, or six years.
- (b) Burglary in the second degree: by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
A strike offense, whether it is a "serious" or "violent" felony can have very serious, immediate and long term affects on your life. No matter if you are charged with first or second degree burglary it is essential that you seek the legal advice of a competent, experienced criminal defense attorney.