Criminal justice systems vary greatly from county to county in the state of California. A criminal conviction in one county may bring harsher penalties than the same conviction in another. There are even variations within the same county as to the way some criminal prosecutions are handled, even when dealing with one charge. There is no overarching penalty for any specific crime that covers all of California. The state does, however, set forth the definitions and general guidelines of many crimes.
Burglary is one crime that can cause a great deal of confusion for those incurring this charge. Even when only one county is considered, a person charged with a burglary can be charged with a felony, while another person charged with the same crime may only receive a misdemeanor. Knowing all of the nuances of the crime of burglary will help a person if they find themselves facing this type of charge.
What is Burglary?
California Penal Code 459 defines burglary as the entering of a dwelling with the intent to commit any type of theft, or any other felony. The law provides a nearly exhaustive list of structures that fall under the first-degree burglary umbrella: including homes, rooms, apartments, tents, vessels, cars, trailers and several other types of structures that may be used as dwellings.
Second-degree burglary is basically the same as first-degree, but it covers commercial structures instead of dwellings. It is not even necessary to break into a dwelling for a person to be charged with burglary. Simply entering a dwelling that they do not belong in, with the intent to commit the aforementioned crimes, is enough for a person to be charged.
Bail Amounts
Every county in California has its own bail schedule that specifies a preset bail amount for burglary and other crimes. The state of California has virtually no say on the bail amount that a certain county settles on, so these bail amounts vary wildly. San Luis Obispo and San Diego counties both set a bail amount of $50,000 in their bail schedules for 1st degree burglary, while a person is required to go to court before getting bail in Los Angeles County. Bail amounts can significantly differ between counties, so it is always a good idea for a person to contact a bail bond agency as soon as they can. Bail Hotline will know if burglary is listed on a particular county’s bail schedule and can usually have a person so charged out of jail within a few hours.
Penalties
Penalties for burglary convictions will vary as well, even though California has set forth the rules of incarceration. Second-degree burglary will be charged as a misdemeanor, which will bring less than one year in jail. First-degree burglary will bring a penalty of twenty-four to seventy-two months in prison, mostly at the discretion of the presiding judge.
California law states that probation should only be given in extreme circumstances, when the judge feels justice would better be served by doing so. Since this is not often the case, it is important for anyone accused of burglary to have an adequate legal defense for their best shot at escaping these harsh consequences.
Burglary is a serious crime with fairly dire consequences. Each county handles burglary charges in their own way, but it is the state of California that sets forth the overlying rules. Any person charged with a burglary should contact a Bail Hotline to have bail posted before seeing a judge. Judges can raise or lower bail schedule amounts, but the fact that bail bond agencies can only charge ten percent of a given bail amount makes it advisable to not wait around. Getting out of jail quickly and contacting a good lawyer are the best ways to fight a burglary charge.