Degrees of Burglary
– Penal Code § 460
Penal Code § 460 states that every burglary of an inhabited dwelling is first degree burglary.
This means that first degree burglary is burglary under Penal Code § 459 which makes it a crime to enter a dwelling (meaning a place where people live) with the intent to commit grand or petit larceny (theft) or any felony.
First degree burglary is always a felony offense that carries a strike.
All other kinds of burglary are second degree burglary.
This includes the following:
- Penal Code § 464 – burglary of a safe or vault
- Penal Code § 459.5 – shoplifting (burglary of a commercial establishment)
Second degree burglary may be charged as a misdemeanor or a felony.
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