WobblerCalifornia · Penal Code § 459
Burglary
Going into a building or locked car planning to steal or commit a felony.
Can be charged as a felony OR a misdemeanor.
What the prosecutor must prove
They must prove every one of these. If one is missing, you should not be found guilty.
- 1You entered a building, room, or locked car.
- 2When you went in, you planned to steal or commit a felony.
Possible punishment
1st degree (home): 2, 4, or 6 years. 2nd degree: up to 1 year jail or 16 months, 2, or 3 years.
Good to know: Home burglary is a strike.
