Burglary is entering a building with the intent to steal or commit a felony inside. Many people falsely believe it pertains to just committing a theft, but it applies to all thefts and felonies and targets the “specific intent in the entering of the structure”. You can be charged with both the burglary and the underlying crime that occurred in the building if you intended to commit that crime as you entered the structure. It could be assault with a deadly weapon, rape, felony vandalism or any felony or theft regardless of value.
Even entering a building to commit petty theft or theft of property $950 or less, is still a felony burglary even though the petty theft is a misdemeanor. Entering a residence or structure inhabited and designed for habitation is first degree burglary also commonly referred to as residential burgalry is a strike under the 3 strikes law. It carries up to 6 years state prison. All other or second degree burglaries carry up to a 3 years prison and can be reduced or even charged as misdemeanors at the discretion of the District Attorney (DA).
Even felony second degree burglaries can be reduced to misdemeanors after probation and all burglaries can be expunged if you did not go to prison and complete probation. Contact Attorneys Nicholas or William Christoph at Christoph Law Offices at 760-670-3885 for a free consultation, evaluation and discussion of defenses and possible resolutions. For Over 32 years across from Vista Courts, Christoph Law Offices have provided the highest level of personal and professional criminal representation.