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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.

  1. 1You entered a building, room, or locked car.
  2. 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.