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Is California PC 459 a felony or misdemeanor?

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    Steven Alpers | Steven Alpers
    39300 Civic Center Drive #110
    Fremont, CA 94538
    (510) 792-5110
    It is up to the DA. It can be charged either way depending on the circumstances. This only applies to commercial burglary and not residential which is a felony and a strike offense.
    Answer Applies to: California - Replied: 5/7/2013
    Harry E. Hudson, Jr. | The Law Office of Harry E. Hudson, Jr.
    343 East Main Street, Suite 314
    Stockton, CA 95202
    (209) 463-9715
    Depends. It can be both UNLESS it is first degree then only a felony.
    Answer Applies to: California - Replied: 5/7/2013
    Peter Goldscheider | Law Office of Peter F. Goldscheider
    438 Cambridge Ave. Suite 250
    Palo Alto, CA 94306
    (650) 323-8296
    It can be both a misdemeanor or a felony.
    Answer Applies to: California - Replied: 5/7/2013
    Jared C. Winter | Law Office of Jared C. Winter
    385 Grand Avenue
    Oakland, CA 94610
    (510) 903-8090
    Depends. PC 459 is a burglary. A 1st degree burglary (i.e., burglary of a residence) is always a felony. It's a "serious felony" in fact, which makes it a "strike". A 2nd degree burglary, on the other hand, can be charged as either a felony or a misdemeanor. The DA makes the decision on how it's charged.
    Answer Applies to: California - Replied: 5/6/2013
    Francis John Cowhig | Universal Law Group, Inc.
    430 S. Garfield Avenue
    Alhambra, CA 91801
    (626) 308-9936
    Pen. Code Sec. 459 is what is known as a "wobbler". It can be charged as a misdemeanor or a felony depending on the circumstances.
    Answer Applies to: California - Replied: 5/6/2013
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