WHAT IS THE DIFFERENCE BETWEEN RESIDENTIAL BURGLARY AND COMMERCIAL BURGLARY

Asked almost 2 years ago - Rodeo, CA

WHAT DOES IT MEAN UNINHABITED AND INHABITED DWELLINGS

Attorney answers (3)

  1. Robert Laurens Driessen

    Contributor Level 20

    3

    Lawyers agree

    Answered . It is pretty simple. Is the dwelling designed to be a place where people live – residential. If designed for commercial purposes – commercial. I feel you are going to try to claim that the house was unoccupied and therefore not residential, it’s a thought but will not work. Get an attorney.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  2. Shawn Michael Haggerty

    Contributor Level 15

    2

    Lawyers agree

    Answered . Someone resides there or does not. The statutes are specific. Break into a home INHABITED. Break inot a wherehouse where no person resides UNINHABITED.

  3. Douglas Holbrook

    Contributor Level 17

    2

    Lawyers agree

    Answered . The distinction between 1st degree burglary, residential, and the less serious 2nd degree burglary, turns upon whether the structure entered is inhabited or not . Second-degree burglary, also known as commercial burglary, is generally charged when one is accused of entering a business establishment to commit a crime inside the business; typically theft.

    Further, CalCrim No. 1701 on burglary degrees, a residence is considered inhabited "if someone uses it as a dwelling, whether or not someone is inside at the time of the alleged entry."

    I hope that helps.

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