Having the right San Diego burglary attorney is very important in getting your case dismissed or reduced. Penal Code 459 states that every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, floating home, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, any house car, inhabited camper, vehicle, when the doors are locked, aircraft, or mine or any underground portion thereof, with intent to commit grand or petty larceny or any felony is guilty of burglary.
Penal Code 460 gives the degrees of Burglary by providing that every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree. All other kinds of burglary are of the second degree.
Punishment for Burglary
Penal Code 461 provides the punishment for Burglary as follows:
- Burglary in the first degree by imprisonment in the state prison for two, four, or six years; and
- Burglary in the second degree by imprisonment in the county jail not
exceeding one year or in the state prison.
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