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The Average Total Federal Prison Sentence for Burglary in California

18.71 months *

* based on 2021 Individual Offenders - Federal Court sentencing in California federal courts. See Sentencing Data Information for complete details.

What Is Considered Burglary?

Burglary is a crime at both the federal and state level, and typically refers to an offense where an individual unlawfully, and without consent, enters a building with the intent to steal something inside.

What Is the Difference Between Robbery and Burglary in California?

Burglary can be differentiated from robbery, in a broad sense, by considering the elements common to each crime.

Robbery typically involves the direct theft of goods or property from a business or individual. Force, or a threat of force, can also be involved in the commission of a robbery. For example, if you steal a carton of cigarettes and other items from a convenience store while holding the clerk at gunpoint, you could be found guilty of robbery — and more specifically, armed robbery.

Burglary involves either breaking and entering, or simply unlawful entry, into a residence, place of business or other property. Further, burglary is typically done with the intent of avoiding all other human contact during the proceedings. Burglars may “stake out” their marks beforehand to determine times when the victim may be at work, or otherwise indisposed (and away from home).

Is Burglary a Felony or a Misdemeanor?

Burglary can either be classified as a felony or as a misdemeanor depending both on the jurisdiction as well as the severity of the offense.

Burglary is uncommonly prosecuted at the federal level and is categorized as a felony if this is the case. These felonies almost always revolve around burglary concerning federal property and goods involved in interstate commerce.

State laws pertaining to burglary vary. In some states, burglary can be prosecuted as either first, second, third or fourth-degree offenses. Fourth-degree burglary, which is described as simply breaking into a property without a specific intent to commit further crimes, is a misdemeanor. By contrast, the other three degrees (escalating in intensity to first degree, which involves either intent to commit theft or intent to commit a violent crime) of burglary are all categorized as felony offenses. Simple possession of burglar’s tools that might be incidental of any other offense can be a misdemeanor.

How Much Jail Time for Burglary?

The jail or prison sentences for those convicted of burglary range from state to state, and depend on the particulars of each individual offense.

Broadly speaking, misdemeanor charges of burglary can result in up to a year behind bars. Felony charges related to burglary are more common, and those convicted of felony burglary could face between five years imprisonment and a life sentence in the most egregious examples.

First-degree burglary charges in some states can lead to a life sentence, as well as a fine of up to $10,000, while in others, first-degree burglary is defined as a Class B felony. The punishment for being in violation of a Class B felony could mean a sentence ranging from five to 25 years in prison.

Do I Need a Lawyer for a Burglary Charge?

If you are facing burglary charges, you should consult an attorney. Not only can an experienced lawyer familiar with case law surrounding burglary and robbery offenses help to guide you from a strategic level, but your relationship also protects your privacy.

A criminal defense lawyer can be an asset especially if you are facing the prospect of going to trial. In some cases, a plea deal or negotiation can be struck to reduce your potential punishment which could mean avoiding prison entirely.

A conviction on burglary charges, felony or misdemeanor, can result in a permanent criminal record. By retaining proper legal counsel, you may be able to increase the likelihood of a legal victory.

Burglary Legal Options

If you are charged with burglary you need a defense lawyer who handles burglary cases to represent you. He or she will advise you of your options and form a defense, and may even advise that you allow them to negotiate a plea bargain on your behalf.

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