Burglary | Penal Code § 459

Description

The crime of Burglary may be charged against any person who enters any house, shop, warehouse, outhouse, ten, vessel, vehicle, railroad car with intent to commit grand or petit larceny or any felony.

What does the prosecutor have to prove?

1. Defendant entered an inhabited building or dwelling, or vehicle.
2. Defendant did so with the specific intent to steal and take away property belonging to another, and to deprive the owner permanently of that property.
or
2. Defendant did so with the specific intent to commit the crime of burglary.

Punishment

Felony: 2years/4years/6years
With probation 0-364 days

 

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No