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Burglary can be separated into two different degrees, burglary 1 and 2. Burglary 1 is always a felony and carries the largest punishment. This crime, (when committed in a home) is always counted as a "strike" under the California "three strikes" law, and carries special ramifications legally.
Location
First degree burglary is defined as a burglary that has taken place in an inhabited dwelling. This can be a home, apartment, or other location where people may live.
Penalties
The penalties for this violation can be probation, but may also be two to six years in prison, depending on the severity of the crime.
Penalties Continued
Commiting burglary in a residential dwelling is always considered a strike. It should be noted that prosecutors usually seek prison time when a residential dwelling was the location of the crime.
Number of Strikes
A strike is an added measure to a felony charge that carries specific ramifications. Having one strike will require the perpetrator to serve 85 percent of their sentence. Two strikes will double the potential prison sentence and force the person to serve 80 percent of their sentence. Three strikes will usually end you up in jail for the rest of your life.
Goals of Defense Attorney
The goal for any defense attorney who takes on a first degree burglary case is to reduce the charge. Because the first degree charge carries so many ramifications, it is always best for the attorney to attempt to reduce the charge to a lesser offense.
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