Burglary: Charges, Penalties & Bail Options

Burglary is a serious criminal offense that involves entering a building, structure, or vehicle with the intent to commit theft or another felony. Contrary to popular belief, burglary does not always involve breaking into a property or successfully stealing something. The intent to commit a crime at the time of entry is often enough to support a burglary charge.

If you or a loved one has been arrested for burglary, understanding the charges, potential penalties, and bail options can help you navigate the legal process.

What Is Burglary?

Burglary occurs when someone enters a property with the intention of committing theft or another felony once inside.

Burglary charges may involve:

• Homes or apartments
• Businesses or commercial buildings
• Garages or storage units
• Locked vehicles
• Other structures protected by law

A person may be charged even if nothing is ultimately stolen or damaged.

Types of Burglary

California generally recognizes two categories of burglary.

First-Degree Burglary

Also known as residential burglary, this involves entering an inhabited home or dwelling with the intent to commit theft or another felony.

First-degree burglary is a felony and carries some of the most severe burglary penalties.

Second-Degree Burglary

Second-degree burglary typically involves commercial buildings, businesses, or other non-residential structures.

Depending on the circumstances, this offense may be charged as either a misdemeanor or a felony.

Penalties for Burglary

The penalties depend on the degree of burglary, the defendant's criminal history, and the facts of the case.

Possible consequences include:

• County jail or state prison
• Significant fines
• Formal probation in eligible cases
• Restitution to victims
• A permanent criminal record

Aggravating factors—such as the use of a weapon, prior convictions, or injuries to another person—can result in enhanced penalties.

Bail for Burglary Charges

Burglary charges often carry substantial bail amounts.

Typical bail ranges include:

• Second-degree burglary: $20,000–$50,000
• First-degree residential burglary: $50,000–$100,000 or more

The court may also consider:

• Criminal history
• Risk of flight
• The value of the property involved
• Whether violence or weapons were involved

How a Bail Bond Can Help

High bail amounts can be difficult for families to pay in full. A bail bond provides a more affordable way to secure release.

With a bail bond:

• A licensed bail bond agent posts the full bail amount
• The defendant or co-signer pays a non-refundable fee, typically 10% of the total bail
• The bail agency coordinates the paperwork and release process

This allows the defendant to remain out of custody while preparing a legal defense.

Burglary vs. Robbery

Burglary and robbery are often confused, but they are different offenses.

Burglary involves entering a property with the intent to commit a crime.

Robbery involves taking property directly from another person through force or intimidation.

Understanding this distinction is important because each offense carries different legal penalties.

Why Burglary Charges Are Serious

A burglary conviction can have lasting consequences, including:

• Difficulty obtaining employment
• Housing challenges
• Loss of professional licenses
• Immigration consequences for non-citizens
• Enhanced penalties for future criminal convictions

Taking immediate action after an arrest can help protect your rights and improve your ability to prepare a defense.

Need Help Posting Bail?

If you or a loved one has been arrested for burglary, our experienced bail agents are available 24/7 to help secure release quickly and guide you through every step of the bail process.

We're committed to providing fast, professional, and confidential service when you need it most.

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