The apartment of a Canyon Country resident was burglarized late on the night of November 1st. After the report was made, deputies from the Santa Clarita Sheriff Station were able to discover the identity of the suspect using available surveillance footage. On Wednesday, December 18th, deputies were able to track down and arrest the suspect.
The suspect, A. Cruz, 33, of Canyon Country, was arrested and charged with one count of residential burglary. He was taken to the Santa Clarita Sheriff Station to undergo booking and processing and then held in lieu of $50,000 bail.
Burglary is covered under California Penal Code 459 PC and is divided into two parts: first-degree burglary and second-degree burglary. Under 459 PC a burglary occurs when someone enters a commercial property, residence, or other structure with the intent of committing a felony once inside. Unlike the popular belief that a burglary is a form of theft, you commit the crime of burglary simply by entering the structure with criminal intent, it doesn’t matter if you take anything.
When someone burglarizes a residence, it’s usually charged as first-degree burglary. the potential penalties include felony probation, 2, 4, or 6 years in California state prison, and/or a fine of up to $10,000. A building does not need to be a tradtional house or apartment to qualify as a residence. Buildings that qualify as residences include
- An inhabited house
- A room within an inhabited house
- An inhabited boat
- An inhabited floating home
- An inhabited motor coach
- An inhabited hotel or motel room
- Any portion of another type of building that’s inhabited
Unlike first-degree burglary – which is a straight felony – second-degree burglary is a “wobbler” that can be charged as either a misdemeanor or a felony, and typically comes with lighter sentences. To be charged with second-degree burglary, you must commit the crime of burglary in a building that doesn’t meet the criteria for a first-degree burglary charge. If charged as a felony, the potential penalties include formal probation, 16 months to 3 years in county jail, and/or a fine of up to $10,000.
If charged as a misdemeanor, the potential penalties include misdemeanor probation, up to 1 year in county jail and/or a fine of up to $1,000.
