Burglary is the act of breaking and entering a residential or commercial building with intent to steal something or commit a felony. There is no requirement that the offender actually "break in" the building. As a result, California Penal Code §459 provides that the prosecution need only prove that the offender intended to steal something or commit a felony when entering.

The state does not have to provide that the burglary or felony actually took place. The law also describes two different types of burglary. First-degree burglary, or residential burglary, is a felony and a strike that can result in a sentence of probation or 2, 4 or 6 years in state prison. For those convicted of first-degree burglary, probation can mean no prison time or up to a year in county jail. If you are granted probation, this means you could serve no time or get up to 365 days in county jail. "Strike" sentences require the offender to serve at least 85% of any jail or prison sentence.

Second-degree burglary, often called "commercial" burglary, generally occurs in a business. It is not considered a "strike" offense. Charges of second-degree burglary can be brought against those who have the specific intent to steal something from a store or business when they walk in the door even in the case of shoplifting. The distinction between misdemeanors and felonies in second-degree burglary cases is based on the value of the property taken and the defendant's record. The penalties for felony second-degree burglary can range from probation, or up to six years in a state prison.

Being charged or arrested for a burglary, can result in serious jail or prison time. Keep in mind that just because you are accused or arrested for burglary does not mean that you will be convicted of burglary. Therefore you need to post bail and seek proper legal assistance and guidance for your case. If you or a loved one has been arrested for Theft, Burglary, Larceny, or Shoplifting, please feel give Orange County Bail Bonds a call at 800-422-4540 24-hrs, 7 days a week 24 hrs a day for easy, fast and friendly bail bonds services. We will take the time to answer all your questions and make sure you get the best advise in your time of need.