Recently, two female suspects robbed Tilly’s clothing store on McBean Parkway in Santa Clarita. According to reports, the manager of the store had a confrontation with the suspects, during which the manager was pepper-sprayed. The value of the stolen items is currently unknown, and the suspects remain at large. Law enforcement is investigating the incident as a burglary.
Burglary is covered under California Penal Code 459 PC and is described as entering any commercial structure, residential structure, or locked vehicle with the intention of committing petty theft, grand theft, or any felony while inside. It’s possible to be charged with burglary even if the suspect(s) don’t force their way in.
Most of the time, burglary is associated with some form of theft. However, since the definition includes “any felony,” there are many potential incidents where burglary can be charged. For example:
- Entering a home with the intention of committing sexual assault on someone who is inside
- Entering a bank with the intention of committing check fraud
It’s also possible to charge someone with burglary even if they are unable to complete the commission of the crime once inside the structure.
Burglary is divided into two levels: first-degree burglary and second-degree burglary. First-degree burglary is charged when the structure that was entered was a residence. Second-degree burglary is charged when any other type of structure is entered (including locked vehicles).
First-degree burglary is always considered a felony in California and the potential penalties include formal probation, two to six years in California state prison, and/or a fine of up to $10,000.
Second-degree burglary is a “wobbler” that can be charged as either a misdemeanor or a felony. When charged as a felony, the potential penalties include felony probation, 16 months to three years in county jail, and/or a fine of up to $10,000. When charged as a misdemeanor, the potential penalties include misdemeanor probation, up to one year in county jail, and/or a fine of up to $1,000.