BURGLARY is defined as the entry into a home or commercial building with the intent to commit theft or any other felony. Burglary is divided into two degrees. FIRST DEGREE BURGLARY involves entry into any inhabited dwelling house or vessel. Burglary in the first degree is a felony with a potential sentence of up to 6 years in state prison. SECOND DEGREE BURGLARY involves entry into all other types of structures including businesses. Burglary in the second degree can be charged as a misdemeanor or a felony and carries a potential sentence of up to three years.
People v. Cameron W. Defendant was an employee of a pharmacy. He was caught on tape stealing medications from the business on several occasions. Defendant admitted to police that he entered the business on several occasions with the intent to steal. He was arrested and charged with felony 2nd degree burglary. Case reduced to misdemeanor and no jail time. Felony burglary dismissed.
People v. Angel H. Defendant enters DMV and fills out application for new driver’s license using different name than previously used. Form signed under penalty of perjury that name is correct. Defendant charged with felony perjury and felony 2nd degree burglary (entering commercial building to commit felony perjury). Defendant admits misdemeanor charge of trespassing and no jail time. Perjury and burglary charges dismissed.