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California Penal Code 459 - Possible Burglary Punishments
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September 5, 2012

An Individual Who Is Convicted Of Burglary Can Face Serious Punishments

In California, burglary is codified under California Penal Code 459.  It states in pertinent part that a person who enters a dwelling with the intent to commit a theft or a felony, is guilty of burglary.

Burglary is a “wobbler” offense, which means that a burglary may either be charged as a misdemeanor or a felony.  In determining whether to charge the crime as a burglary or a felony, the prosecutor will consider the specific circumstances of the case, and the person’s prior criminal history.

The crime of burglary in California is separated into two district categories, first-degree burglary and second-degree burglary.  The punishment for first-degree burglary is imprisonment in custody for two, four, or six years.  Burglary in the second-degree is punishable by update to one year in custody.

Moreover, if a burglary occurred at a residence while a resident was present, the person can be charged with a felony as well as a strike conviction can lead the person so serve more time in custody, than a non-strike burglary offense.  Additionally, a conviction on a strike charge, can lead to significantly more custody time if the person is charged with another crime in the future.

If you or a loved one has been arrested, it is imperative you contact our firm. Hiring an experienced burglary lawyer is the best way to ensure you keep your freedom.  The attorneys at Wallin & Klarich have been helping people for over 40 years. Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 for more information.


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AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 40 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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