Is there a difference between first degree burglary and second degree burglary?

California, United States of America


The following excerpt is from People v. Gonzalez, H037854 (Cal. App. 2013):

"Cases interpreting the term 'inhabited dwelling house' in section 460 . . . ha[ve] made it clear that this term should be construed to effectuate the legislative purposes underlying the statute, namely, to protect the peaceful occupation of one's residence. . . . '[A] person is more likely to react violently to burglary of his [or her] living quarters than to burglary of other places because in the former case persons close to him [or her] are more likely to be present, because the property threatened is more likely to belong to him [or her], and because the home is usually regarded as a particularly private sanctuary, even as an extension of the person.' [Citation.] Courts specifically have recognized that the distinction between first and second degree burglary is founded upon the perceived danger of violence and personal injury that is involved when a residence is invaded." (People v. Cruz (1996) 13 Cal.4th 764, 775-776 (Cruz).)

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