What is the Average Jail Time for Burglary in California?
Published Dec 13, 2021
California Penal Code (Burglary) Section 459 is a major theft crime. Burglary is typically defined as the unlawful entry into an occupied dwelling place with the purpose of committing a serious felony within.
However, Penal Code Section 459 alters and expands on this common law concept of burglary to include significantly more activity than the typical person thinks of when they use the term burglary.
This article discusses the two degrees of burglary — first and second — as well as the related charge of shoplifting as specified in Penal Code Section 459.5.
First-Degree Burglary VS. Second-Degree Burglary
Burglary in California is classified into two types — first and second. The more serious of the two is first-degree burglary.
California Penal Code (Burglary) Section 459 defines burglary as going inside a building, a room inside a building, or a vehicle or structure that is locked with the intent to commit a crime and that the defendant stole or intended to steal $950 or more in property, entered a non-commercial structure, or entered a commercial structure outside of normal business hours.
A first-degree burglary requires that the structure in question be a “residence.” Residences are defined as constructions that are not conventional dwellings, such as houses or apartments.
Residences also include houseboats, recreational vehicles, and any occupied section of a structure, even if the structure is also used commercially, such as a shopkeeper who lives in a room within a store. The same act that constitutes first-degree burglary also constitutes second-degree burglary if the structure or room inside a structure is not a house.
Theft or Felony Intent
Notably, one of the criteria of burglary is the concurrent intent to commit theft/felony or a criminal within the structure in question. The time period during which intent is formed is frequently a point of contention in burglary convictions.
Suppose the person entered the structure without the purpose to steal or commit a felony and developed such criminal intent once inside. In that case, they are almost certainly guilty of other offenses but not burglary.
ADVERTISEMENT
However, even if the defendant does not steal anything of value or perform a felony once inside, they are still convicted of burglary if the prosecution establishes that the defendant entered with the contemporaneous intent to commit a theft or felony.
These two examples demonstrate how burglary is defined by the defendant’s motivation for entering a particular structure rather than what occurred once the entrance was made.
This is not to suggest that the defendant cannot face further charges if they commit a crime once inside the structure, but these extra charges would not add to or subtract from the prosecution’s case for burglary.
Penal Code 459.5: Shoplifting
When a defendant enters a commercial facility during business hours intending to commit theft of less than $950, i.e., a public store, they are guilty of stealing under Penal Code Section 459.5.
In California, shoplifting was added to the Penal Code as part of a voter initiative. Voters expressed worry that minor shoplifting offenses with a loss of less than $950 may theoretically be charged as felony second-degree burglary. Shoplifting is now a minor violation under the new statute.
California Penal Code (Burglary) Section 459 Penalties
The penalties for a burglary conviction vary according to the degree of burglary or shoplifting committed by the defendant.
Under California law, first-degree burglary, frequently referred to as residential burglary, is always a felony punishable by two, four, or six years in state prison.
On the other hand, second-degree burglary is a wobbler offense (also known as an alternative felony/misdemeanor offense) under California law, which means it can be prosecuted as a felony or a misdemeanor and, in the instance of a felony conviction, may be reduced to a misdemeanor post-conviction.
If second-degree burglary is prosecuted as a felony, the defendant faces up to 16 months, two years, or three years in state prison.
A misdemeanor conviction for second-degree burglary carries a maximum sentence of one year in county jail. Shoplifting is also a misdemeanor punishable by county jail time. Still, interestingly, felony penalties may be imposed if the person has past convictions for burglary or any of the mentioned sexual offenses.
Reduce Your Jail Call Costs By Up To 90% Per Minute With GlobalTel
GlobalTel’s inmate calling service lowers jail call per minute rates by up to 90% for jail calls from US facilities. Sign up now and use the special jail call phone number we create for you to eliminate the long distance jail call fees. Try GlobalTel for only $45.99 for 90 days. Make US/domestic and international jail calls at the local rate and stay connected to your incarcerated loved ones for less. Learn more about how to sign up for calls from inmates here.
This Content Is Fact Checked
Our esteemed team of specialists has thoroughly validated the accuracy of this information. Discover further details about the rigorous editorial guidelines for our website here.
ADVERTISEMENT
About The Author
Krizzia Paolyn is an SEO Specialist with a bachelor’s degree in Psychology. It has always been her passion to share her voice, and at the same time, to encourage other people to speak up.
