The difference between first and second degree burglary is that first degree burglary are burglaries that occur in homes, rooms, apartments, tents, vessels, cars, trailers and other types of things and places that may be used as a house. Second degree burglary is about the same as first degree burglary, but it is mainly for commercial property rather than homes. In California each county sets their own bail amounts and punishments, which is time in jail, so the bail amount is different acoourding to the county as well as the punishment. The most common bail amount for first degree burglary is $50,000 and the punishment if convicted is 24 to 72 months in jail. The punishment will usually be at the discretion of the judge during the case.
First degree burglary is the more severe between the two charges and is charged as a felony while second degree burglary is charged as a misdemeanor. The bail amount for a second degree burglary varies by county but the punishment if convicted is usually less than one year in prison. It is important that if you or a friend is charged with burglary that you get a good lawyer because the prosecutor will try to use any evidence to make the burglary seem more than it actually was. This means that they will gather witnesses that could give that false information that could lead to a false conviction, unless you have a good lawyer that has experienced burglary cases before. Burglary is taken seriously by the state of California and is accompanied with extreme consequences. Although each county in California sets their own bail amount and punishments for burglary, the state of California actually sets the rules that determine what a burglary is. It is important that the person is bailed out of jail before seeing a judge because judges could raise or lower the bail amount and you would not want to risk the judge increasing the bail to an amount that you could not afford. We understand that it is possible for someone to find themselves in a situation where their actions are mistaken for a burglary and it could all be a big misunderstanding, but once you are arrested for burglary, the process begins and it is important that you hire a lawyer and let him handle the situation. Please feel free to call us if you have any questions or concerns regarding burglary charges and bail information.