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CA penal code for attempted burglary?

Diamond Bar, CA |

Attempting to enter a home. Deciding against it, being seen and caught by officers several blocks away without any items in your possession.

Attorney Answers 2


The law on attempts of any kind is set forth at PC 664. Burglary is PC 459 so your charge would be a violation of 664/459. Except for attempted murder, an attempted crime is subject to half the time of the substantive crime. Assuming your burglary was in the 2nd degree you could be sentenced up to 3 years in the state prison if it is charged as a felony. That means on an attempt you could be sentenced to 1 and 1/2 years.

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Just to add to Mr. Kaman's answer - if this was attempted residential burglary, then you face up to half of 2, 4 or 6 years in prison, so the maximum would be 3 years in state prison. Attempted residential burglary is also a strike under California's Three Strikes laws.

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