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

California, United States of America


The following excerpt is from People v. Jackson, F071351 (Cal. App. 2016):

A burglary is committed when entry is made with the intent to commit grand or petty larceny, or any felony therein. ( 459.) The prosecution is not required to prove the value of property taken for either first or second degree burglary. (Sherow, supra, 239 Cal.App.4th at p. 880; People v. Perkins (2016) 244 Cal.App.4th 129, 140, fn. 5 (Perkins).)

" ' "[T]he Legislature's distinction between first and second degree burglary is founded upon the risk of personal injury involved." [Citations.] Burglary of business premises, even though such premises might have people on them, is not burglary of the first degree because it does not carry the peculiar risks of violence and resulting injury which inhere in the burglary of a home. [Citation.]' " (People v. Rodriguez, supra, 122 Cal.App.4th at pp. 132-133.)

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