Is 459 PC a Felony or Misdemeanor?
What is California Penal Code 459?
California Penal Code 459, also known as burglary, is a criminal offense that involves entering a structure with the intent to commit a crime. This can include stealing, vandalizing, or committing any other illegal activity. The specific circumstances of the burglary can affect the severity of the charges and the potential penalties.
Is 459 PC a Felony or Misdemeanor?
The answer to this question depends on the specific circumstances of the case. In general, burglary is considered a felony in California, but there are some exceptions.
Felony Burglary (459 PC)
- Penalty: 2, 4, or 6 years in state prison
- Felony charges apply when:
- The defendant enters a residence (dwelling, apartment, house, etc.) with the intent to commit a crime
- The defendant enters a commercial building (store, office, etc.) with the intent to commit a crime
- The defendant enters a vehicle with the intent to commit a crime
- The defendant is armed with a deadly weapon or has a prior conviction for a serious felony
Misdemeanor Burglary (459 PC)
- Penalty: Up to 1 year in county jail and/or a fine of up to $1,000
- Misdemeanor charges apply when:
- The defendant enters a non-residential building (school, hospital, etc.) with the intent to commit a crime
- The defendant enters a non-occupied building (vacant building, etc.) with the intent to commit a crime
- The defendant has a prior conviction for a misdemeanor
Key Differences between Felony and Misdemeanor Burglary
| Felony Burglary (459 PC) | Misdemeanor Burglary (459 PC) | |
|---|---|---|
| Penalty | 2, 4, or 6 years in state prison | Up to 1 year in county jail and/or a fine of up to $1,000 |
| Circumstances | Enters a residence, commercial building, vehicle, or is armed with a deadly weapon | Enters a non-residential building, non-occupied building, or has a prior misdemeanor conviction |
| Prior Convictions | Prior conviction for a serious felony | Prior conviction for a misdemeanor |
Consequences of a 459 PC Conviction
A conviction for burglary, whether felony or misdemeanor, can have significant consequences, including:
- Criminal Record: A felony or misdemeanor conviction for burglary will remain on your criminal record, which can impact future employment, education, and housing opportunities.
- Penalties: As mentioned earlier, the penalties for a felony conviction can include up to 6 years in state prison, while a misdemeanor conviction can result in up to 1 year in county jail.
- Fines: In addition to imprisonment, you may be required to pay fines, which can range from $1,000 to $10,000 or more.
- Restitution: You may be required to pay restitution to the victim for any losses or damages incurred as a result of the burglary.
Defenses to 459 PC Charges
If you are facing charges for burglary under California Penal Code 459, there are several defenses that may be available to you, including:
- Lack of Intent: If you did not intend to commit a crime, you may be able to argue that you did not have the necessary intent to commit burglary.
- Mistaken Entry: If you entered a building in good faith, believing it to be your own or someone else’s property, you may be able to argue that you did not commit burglary.
- Coercion: If you were forced or coerced into committing the burglary, you may be able to argue that you did not have the necessary intent to commit the crime.
Conclusion
In conclusion, whether a 459 PC charge is a felony or misdemeanor depends on the specific circumstances of the case. A felony conviction for burglary can result in significant penalties, including up to 6 years in state prison, while a misdemeanor conviction can result in up to 1 year in county jail. If you are facing charges for burglary, it is essential to work with an experienced criminal defense attorney to understand your options and develop a defense strategy.
