Residential or “first-degree” burglary is considered a felony in the state of California.
The state of California considers residential burglary to be a felony. This means that individuals can face prison time and fines for a conviction. Residential burglary can also count as a “strike” on your criminal record here in Los Angeles.
The court system also uses the term “first-degree” burglary to refer to residential burglary. You can learn more about residential burglary charges by contacting our team at the Simmrin Law Group. Reaching us is easy if you call (310) 997-4688.
How a Lawyer Can Help You Handle Residential Burglary Charges
You can get help handling felony charges for residential burglary. A burglary lawyer in Los Angeles can take charge of your defense right now. Members of our team know how to argue that:
- You did not enter a residential property
- You didn’t intend to carry out petty theft or a felony
- You only took items from a property that belonged to you
Reach out to us to get help handling felony accusations in Los Angeles. We are prepared to get your charges reduced or even dismissed. Our team also focuses on supporting you in court here in California.
Understanding Residential Burglary Charges in California
Residential burglary is a kind of property crime in Los Angeles. We also call this crime first-degree robbery. The court system uses Penal Code § 459 to handle residential burglary charges.
According to PC 459, individuals commit residential burglary if they:
- Enter a residential structure WHILE
- Intending to commit petty theft or a felony
Individuals can face burglary charges even if they do not commit a felony or petty theft. Merely intending to commit a felony or petty theft can lead to this charge. Additionally, you can face this charge even if you enter a building that is unlocked.
You do not have to “break into” a residence to face first-degree burglary charges in Los Angeles. You can face this felony charge for walking into an unlocked building if the prosecution shows that you intended to commit a felony or petty theft.
Buildings that Qualify as Residences in Los Angeles
Individuals only face first-degree burglary charges in Los Angeles if they enter a residence. The court system provides a specific definition for “residences.” Any inhabited structure could be considered a residence.
Structures are inhabited if they are used as a dwelling. Note that a structure is inhabited even if the owner is not at home at the time of the burglary. However, a structure is uninhabited if the owner moved out and did not plan to return.
There are a number of common examples of residences in California. Individuals can face felony charges if they enter an inhabited:
- House
- Boat or floating home
- Trailer coach
- Building
- Motel or hotel room
Note that these are only examples of residences in our area. Review additional types of residences with the Simmrin Law Group. Call (310) 997-4688 to get information from our team right now.
Consequences of a Residential Burglary Conviction
Felonies like residential burglary are serious criminal charges. Individuals who are convicted of felony burglary can face:
- Fines of up to $10,000
- Prison time of up to six years
- Formal (or felony) probation
Additionally, a residential burglary charge counts as a “strike” in California. Our state uses a “three-strike” system for some felony charges. You face harsher penalties for subsequent charges if you have a strike on your record.
Individuals who get a second strike will have their prison sentence doubled. A third strike can lead to life in prison in California.
Call the Simmrin Law Group for Help Today
Residential burglary is a felony in the state of California. The Simmrin Law Group can help if you are accused of first-degree burglary. You can easily reach our team for help if you complete our online contact form or call (310) 997-4688. Get fast help from a burglary lawyer in Los Angeles by contacting us. We’ll get started on your claim with a risk-free consultation.