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What is the Difference between First Degree Burglary and Second Degree Burglary?

April 26, 2017Burglary degree difference

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What is the Difference between First Degree Burglary and Second Degree Burglary?

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As previously stated, Penal Code 459 defines California burglary as entering a structure or other specified enclosure with the intent to commit a felony (or a petty theft) once inside. California Penal Code 460 PC separates burglary into two categories — first degree burglary and second degree burglary.4 First degree burglary is always a felony.