California Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in California: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in California, consult a licensed California criminal defense attorney.

California Burglary Penalties

OffensePenalty
First Offense2nd degree burglary – wobbler: up to 3 years prison
Second Offense1st degree burglary – felony: 2, 4, or 6 years prison

CA Penal Code §459; residential burglary is always felony; commercial may be misdemeanor

Burglary Statute of Limitations in California

In California, the statute of limitations for theft and property crimes is generally 3 years.

See all California statutes of limitations →

Defending Against Burglary Charges in California

Common defenses in California burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a California criminal defense attorney for advice.

Related California Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication