When someone is arrested for burglary, the offense is classified as a first degree burglary or a second degree burglary and both cases are punished separately with their own bail amount. Also one does not have to commit a burglary successfully in order to be charged with burglary. Even failed robbery attempts may be charged at a burglary. The prosecutor only has to prove that the defendant had the intent of breaking into a home or business for the sole purpose of stealing something or committing a crime. 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 buildings rather than homes. Every county in California set their own bail amounts and punishments, meaning time in jail, so the bail amount will vary by county as well as the punishment. However the most common bail amount for first degree burglary is $50,000 and the punishment if convicted is twenty-four to seventy-two months in prison. The punishment will usually be at the discretion of the judge during the case. First degree burglary is the more severe of 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 jail. It is important that if you or a loved one is charged with burglary that you get a good burglary attorney 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 attorney 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 also important that you or your loved one 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 burglary attorney and let them handle your case. Please feel free to contact us if you have any questions or concerns regarding burglary charges and bail information.