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What count is consider a first degree burglary?

Long Beach, CA |

how many counts is considered a first degree burgley with already having two strikes on your record?

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Attorney answers 6

Best Answer

It's not the number of priors.

First degree burglary is residential burglary. All others are second degree.

You may be thinking of petty theft with a prior. That used to be one prior and your second could be a felony. Now it is 3 priors and your fourth can be a felony (with some exceptions based in prior convictions).

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


Mr. Dane is correct. First degree is residential burglary . Your priors will not help.



I agree with Mr. Dane. 1st Degree buglarly is the burglary of an inhabited dwelling--commonly called Residential Burglary.

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First degree burglary is for residences. Shop lifting is called second degree burglary. With two strikes don't expect any good bargains. He will have to fight every step of the way so make certain he has a great attorney. Best wishes.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


Mr. Dane is correct. As a former prosecutor and current criminal defense attorney known for writing his own motions and regularly winning in court you would be very wise to hire him especially if you already have two strikes on your record. Good luck. Hope this helps?


I agree with my colleagues. If you need more information consult with an attorney privately. Many of us on AVVO offer free consults, call around.

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