Matthew J. Ruff Commercial Law Blog on Lawyers.com

In California, the law breaks down the crime of burglary into two distinct categories. First is residential, second is commercial.  As a Manhattan Beach Criminal Defense and DUI Attorney I am often asked what the difference is between the two.  The most significant difference is that residential, as opposed to commercial burglary, is a strike felony which means that a conviction will stay with you forever and a second conviction for any felony will result in the doubling of any sentence.  A third conviction will carry a life sentence.  Commercial burglary or 2nd degree burglary is not a strike and will not result in the harsh penalties dicussed above.

The elements of a commercial burglary are the entry into a non-residential structure to commit either a theft or any felony.  It is the entry that is key, if there is no intent to commit a felony or theft at the time of entry than there can be no burglary.  For further information about defending this type of offense contact me for a free consultation.