Penal code section 459 defines burglary in California and 459 is split into two degrees. First-degree burglary is called residential burglary and it is the burglary of any residence that is an occupied residence. The person doesn’t have to be home. Sometimes we call burglary when people are home at the time of the burglary, hot prowl burglary. People have different names for it, but those are actual violent strikes if someone is home that’s on the violent strike list. Regular residential burglary is when people aren’t around and people go into the house to either commit a theft or some other felony. Doesn’t matter what it is, its just another felony. Residential burglary are strikes themselves. They carry up to 6 years in prison. The second type of burglary, burglary in the 2nd degree, is commercial burglary and that’s burglary of a business of a different type of structure that isn’t a home. Something of that ilk and that carries up to 3 years in prison and can actually be a misdemeanor under a number of circumstances.

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