Burglary – Punishment – California Penal Code 459
Southern California Burglary Defense Attorney
First-Degree Burglary
If you’re charged with burglary involving entering someone’s house, you will most likely be charged with First-Degree Burglary.
First-degree burglary is a felony and is punishable by imprisonment in state prison for a period of two, four, or six years.
Second-Degree Burglary
Any burglary not involving someone’s home is considered a second-degree burglary. Second-degree burglary is a “wobbler.” This means that the prosecution can charge the crime as a felony or a misdemeanor.
If the burglary is charged as a felony, you’re facing state prison time of 16 months, two years, or three years.
If the burglary is charged as a misdemeanor, you’re maximum punishment is one year in county jail.
You can bet the prosecution will charge the crime as a felony in most cases. It is important to have a burglary defense attorney to get the charge reduced to a misdemeanor to lower your maximum punishment.
Call the Law Offices of Nam Q. Doan at (714) 248-DOAN (3626) if you are being charged with burglary. I am an experienced Southern California burglary attorney and I will aggressively defend you in court. Also, visit www.OCLegalDefense.com for more information.