I have been charged with first degree burglary in Riverside. What consequences am I facing if I’m found guilty? – Penal Code Section 459
In California, the crime of burglary occurs when you enter a structure (e.g., building or home) with the intent to commit a felony or a theft once you are inside. Depending on what kind of structure you enter, you may face one of two different degrees of burglary charges: First Degree and Second Degree Burglary. Being charged with first degree burglary in Riverside is the more serious of the two.
What is Second Degree Burglary
Second Degree Burglary is charged if you entered a commercial building like a store or other public building. This charge is a wobbler in that it can be prosecuted either as felony or misdemeanor, depending on the circumstances of the case.
First Degree Burglary is charged if you entered a residential building or dwelling that is inhabited. The fact that you are invading a person’s most personal space in which they are most vulnerable renders this charge a felony. First Degree Burglary is always charged as a felony.
If you are charged with First Degree Burglary in Riverside, you may face a sentence in state prison for two, four, or six years. Since burglary is also regarding as a serious felony, you will incur a “strike” for the purposes of California’s Three Strikes Law – meaning any future felony charges you face will expose you to more severe punishments. You will also likely incur a fine of up to $10,000.
Your punishment becomes more severe with longer sentences if it is found that you either used an explosive device to gain entry into the structure or if you caused a person great bodily injury while committing the burglary. If proven, theses “enhancements” can potentially add another seven years to your sentence.
The consequences of first degree burglary in Riverside under Penal Code Section 459 are very serious to say the least and can completely derail the rest of your life. You will need the help and representation of a skilled criminal defense attorney. At Wallin & Klarich, our knowledgeable attorneys can speak for you in defending your personal rights and fighting the allegations against you.
Call us today at 888-280-6839 or visit us online at www.wklaw.com. Our attorneys are very knowledgeable and can help you achieve the best possible result in your case.