**KIM WOODS** Prosecuting Argument Paper

Burglary applies to many people with the idea that someone has or will break into their home, car etc. In the state of California, burglary is defined as the “entering a structure without the owner or legal tenant’s permission”. California’s Penal Codes 458-464 contains two types of elements of the crime. They consist of someone entering the property without the owner’s consent and having the intent to commit a felony or steal from the property. There are two type of burglary in California; First Degree Burglary as well as Second Degree Burglary.

First Degree Burglary involves proof that in fact a crime was executed in an inhabited building or structure where an intention to steal or commit a felony. The law also states that “regardless of whether the building or structure was inhabited at the time, it’s still regarded as first degree offense if it’s classified as a residential property” (California Penal Code, Section 459). Second Degree Burglary typically occurs when the offender illegally enters a commercial real estate or property that is not a part of residential dwellings. Inhabited dwellings consist of warehouses, stores and shops according to the Penal Code 459. Second Degree offenses are often handled as a misdemeanor which can be one year of imprisonment in the County Jail and a $1000 maximum fine. Under a felony charge however a person can be imprisoned for two to three years in the California State Prison along with a $10,000 maximum fine.

Reference:

California Penal Code 459. (2013). Retrieved from http://www.cmcdefense.com/california_penal_code_section_459