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