Criminal Law Questions? Ask a Criminal Lawyer.
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459. Every person who enters any house, room, apartment, tenement,shop, warehouse, store, mill, barn, stable, outhouse or otherbuilding, tent, vessel, as defined in Section 21 of the Harbors andNavigation Code, floating home, as defined in subdivision (d) ofSection 18075.55 of the Health and Safety Code, railroad car, lockedor sealed cargo container, whether or not mounted on a vehicle,trailer coach, as defined in Section 635 of the Vehicle Code, anyhouse car, as defined in Section 362 of the Vehicle Code, inhabitedcamper, as defined in Section 243 of the Vehicle Code, vehicle asdefined by the Vehicle Code, when the doors are locked, aircraft asdefined by Section 21012 of the Public Utilities Code, or mine or anyunderground portion thereof, with intent to commit grand or petitlarceny or any felony is guilty of burglary. As used in thischapter, "inhabited" means currently being used for dwellingpurposes, whether occupied or not. A house, trailer, vessel designedfor habitation, or portion of a building is currently being used fordwelling purposes if, at the time of the burglary, it was notoccupied solely because a natural or other disaster caused theoccupants to leave the premises.
If you are convicted, it is considered Burglary in the Second Degree, punishable by imprisonment not exceeding 1 year in the county jail or state prison.
Although I cannot guarantee anything, it is VERY doubtful that you would go to jail if you were convicted. In fact, it may be possible that you are eligible for a diversion. A diversion happens when you are placed on probation for a period of time. If you do not get convicted of anything else during your probation, and you complete all other terms (eg. pay fine, stay out of the store), then at the end of probation, the case may be dismissed and your record remains clean.
If you can't afford an attorney, you can ask for a court appointed lawyer to represent you. Or, before your court date you can contact a lawyer who specializes in criminal law. You can contact your local bar association for a referral. It may give you 2 or 3 name. You can contact the lawyer(s) for a telephone consultation or ask to set up an appointment. Sometimes these consultations are free.
Good Luck to you.
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