Skip to main content

WHAT IS THE DIFFERENCE BETWEEN RESIDENTIAL BURGLARY AND COMMERCIAL BURGLARY

Rodeo, CA |

WHAT DOES IT MEAN UNINHABITED AND INHABITED DWELLINGS

Attorney Answers 3

Posted

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

Mark as helpful

2 lawyers agree

Posted

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 on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

Mark as helpful

3 lawyers agree

Posted

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.

Mark as helpful

2 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics