A person can be charged and convicted of burglary even if he didn’t steal anything. Here in California, burglary occurs when a person enters a house, room, apartment, building, vehicle, vessel, or aircraft with the intent to steal or if the person intends to commit any felony once inside.
Felonies can include assault, murder, rape, and arson. Additionally, a person doesn’t have to “break” into the house or structure but merely has to “enter.” This can mean walking through an unlocked door rather than shattering a window. If the structure that is burglarized is a place where someone lives, regardless of whether that person is home at the time of the burglary, then the crime is first-degree burglary, which is a felony punishable by up to 6 years in prison. A burglary that occurs where no one lives is considered second-degree burglary and is punishable by up to one year in the county jail.
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