Burglary of a Safe or Vault/Burglary with Explosives | Penal Code § 464

Description

A criminal charge of Burglary of a Safe or Vault or Burglary with Explosives may be filed against a person who, with intent to commit crime, enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe or other secure place by use of acetylene torch or electric arc, or any other device capable of burning through steel, concrete, or any other solid substance.

What does the prosecutor have to prove?

1. Defendant entered a building, whether inhabited or not.
2. Defendant entered the building either by day or by night.
3. Defendant entered the building with the intent to commit a crime.
4. Defendant opened or attempted to open a vault, safe, or other secure place by use of acetylene torch or electric arc, burning bar, thermal lance, oxygen lance, or other similar device capable of burning through steel, concrete, or other solid substance.
or
4. Defendant opened or attempted to open a vault, safe, or other secure place by use of nitroglycerine, dynamite, gunpowder, or other explosive.

Punishment

Felony: 3years/5years/7years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
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?	Yes
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?	Yes
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