Legal Question in Criminal Law in California

Re: Second Degree Burglary info needed

Caution is needed, as the structure was a residence...occupied or not, the offense is potentially a 1st degree 459, and a strike. The military will not accept you if you are on probation, now adays, not even misdemeanor probation. Also, the year of commission of the offense is controling..if you were 17 and never went to adult court on the matter...it's a "juvenile offense" for all purposes, once you are off probation, you may petition to "seal" the juvi record. Your local public defender office should help you with the petition to seal the record.

Re: Second Degree Burglary info needed

When will you complete probation? The court may consider accepting military service in lue of probation and reduce charge upon enlistment. Call me directly at 16192223504.

Re: Second Degree Burglary info needed

Sounds like a 2nd degree burglary, but your chances of entering the military depend on what you were actually charged with, what if anything you were convicted of (did you have a lawyer? is your case still pending?), and whether you completed your probation if any. At best you will have to get a waiver. Talk to a recruiter at your favorite branch of the military. And if you haven't been convicted yet, do everything you can to get a good lawyer.

Re: Second Degree Burglary info needed

I disagree with Mr. Stone.

Your question implies that someone lived in the house when you broke in but happened to be away at the time. Burglary of an "inhabited dwelling house, or of the inhabited portion of another structure" (that's from memory and may not be 100% accurate) is of the first degree. Where residential property is concerned, "inhabited" means that somebody lives there, not that someone is present when the burglar enters. Unless the residents had moved out and left $600 and some food behind, I'd say it was a first-degree burglary.