A criminal code document that compiles all the penalties, punishments under the law of jurisdiction is termed as penal code. People often associate the theft or burglary under the Section 459 Penal Code. This code defines the burglary that involves the defendant from entering a building, house, hotel room with the first degree of theft. Burglary charges are included based on what type of burglary.
Elements of crime:
The burglary crime under the Penal Code 459 is convicted on a person and the person will be sentenced if any of the following cases are true:
- The property of the defendant is stolen
- The building that the defendant claims is not a commercial establishment
- And also, when the defendant enters the structure outside the business hours
Degrees of burglary:
The Government discusses the punishment based on the degree of the burglary. The first degree of burglary charges may be calculated based on felony i.e. if an individual attempt to steal or commit another misdemeanor.
- First-degree burglary:
The first-degree burglary involves burglary of a home, building or a residence. For example, entering an unlocked apartment with the intention of stealing things comes under the first degree. The felony probation and a fine up to ten thousand dollars are the penalties.
- Second-degree burglary:
The second degree accounts for any other type of businesses that includes stores or commercial settings. A conviction for the second degree of burglary under Penal Code 459 is less harsh penalties compared to the first degree. If the criminal does not meet the requirement of the first degree then he will be sentenced to the second degree of the burglary.
The mistake of fact:
Someone who is accused of burglary may have a valid situation such as claiming that the property belongs to them or trying to retrieve the property. In these situations, the crime would not be underlying theft or on the felony offense. In this case, the prosecutor must show that the defendant and must submit the proofs that the defendant is liable for:
- Entering the residence
- The person who is dwelling
- Had intentions to commit certain theft
Courts have predicted that dwelling will be considered inhabited if the occupants left the place due to natural disasters. Section 459 defines that the person imprisoned under this kind of burglary will be sentenced up to one year.
Penalty for burglary is based on the degree of the burglary. An individual who is facing charges can plea bargain in the court. The consequences of the charges are so severe and the person would typically hire an attorney. In the first degree of a burglary, the person will sentenced in jail for three, four or six years. And in the second degree of a burglary, the person will be sentenced in the country jail up to sixteen months or three years. It also depends on the value of the property. The crime is filed on an individual based on whether the person is a felony or a misdemeanor.