BURGLARY (PENAL CODE §459)
What is most thought of a scary individual in a ski mask creeping through somebody’s home with a pillow case, burglary is much more common than one would expect.
To commit a burglary, one must enter a building with the intent to steal or commit a felony. If a person were to enter a residence (home) with the same intent, the burglary is considered a “Residential Burglary” which instantly makes it a strike under the Three Strikes Law. The reason for this is because most people consider this kind of invasion a very frightening and violent act where most people would hope to feel secure in their own privacy. Therefore, a residential burglary carries with it much more serious consequences. All other burglaries, therefore, are considered “Commercial Burglaries”. This includes the vast majority of burglaries that many people intuitively consider “shoplifting”.