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a professional licensed bonded nationwide
bail bonds agency serving San Bernardino
County, Orange County, Los Angeles County, San Diego County,
Riverside County, Ventura County throughout Southern California
and other major states.
San Bernardino bail bonds provides 24 hours bail, professional, personal,
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Bail Bonds from professional
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Serving all California
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bail, Sierra Nevada bail, Southern California bail.
Burglary Bail Bonds
California Penal Codes Defined:
458. As used in this
chapter, the term "cargo container" means a receptacle with all
of the following characteristics:
(a) Of a permanent character and accordingly strong enough to be
suitable for repeated use.
(b) Specially designed to facilitate the carriage of goods, by
one or more modes of transport, one of which shall be by
vessels, without intermediate reloading.
(c) Fitted with devices permitting its ready handling,
particularly its transfer from one mode of transport to another.
(d) So designed to be easy to fill and empty.
(e) Having a cubic displacement of 1,000 cubic feet or more.
459. Every person who enters any house, room, apartment,
tenement, shop, warehouse, store, mill, barn, stable, outhouse
or other building, tent, vessel, as defined in Section 21 of the
Harbors and Navigation Code, floating home, as defined in
subdivision (d) of Section 18075.55 of the Health and Safety
Code, railroad car, locked or sealed cargo container, whether or
not mounted on a vehicle, trailer coach, as defined in Section
635 of the Vehicle Code, any house car, as defined in Section
362 of the Vehicle Code, inhabited camper, as defined in Section
243 of the Vehicle Code, vehicle as defined by the Vehicle Code,
when the doors are locked, aircraft as defined by Section 21012
of the Public Utilities Code, or mine or any underground portion
thereof, with intent to commit grand or petit larceny or any
felony is guilty of burglary. As used in this chapter,
"inhabited" means currently being used for dwelling purposes,
whether occupied or not. A house, trailer, vessel designed for
habitation, or portion of a building is currently being used for
dwelling purposes if, at the time of the burglary, it was not
occupied solely because a natural or other disaster caused the
occupants to leave the premises.
460. (a) Every burglary of an inhabited dwelling house,
vessel, as defined in the Harbors and Navigation Code, which is
inhabited and designed for habitation, floating home, as defined
in subdivision (d) of Section 18075.55 of the Health and Safety
Code, or trailer coach, as defined by the Vehicle Code, or the
inhabited portion of any other building, is burglary of the
first degree.
(b) All other kinds of burglary are of the second degree.
(c) This section shall not be construed to supersede or affect
Section 464 of the Penal Code.
461. Burglary is punishable as follows:
1. Burglary in the first degree: by imprisonment in the state
prison for two, four, or six years.
2. Burglary in the second degree: by imprisonment in the county
jail not exceeding one year or in the state prison.
462. (a) Except in unusual cases where the interests of justice
would best be served if the person is granted probation,
probation shall not be granted to any person who is convicted of
a burglary of an inhabited dwelling house or trailer coach as
defined in Section 635 of the Vehicle Code, an inhabited
floating home as defined in subdivision (d) of Section 18075.55
of the Health and Safety Code, or the inhabited portion of any
other building.
(b) If the court grants probation under subdivision (a), it
shall specify the reason or reasons for that order on the court
record.
462.5. (a) Except in unusual cases where the interests of
justice would best be served if the person is granted probation,
probation shall not be granted to any person who is convicted of
a felony custodial institution burglary. In any case in which a
person is convicted of a misdemeanor custodial institution
burglary, such person shall be confined in the county jail for
not less than 90 days nor more than one year except in unusual
cases where the interests of justice would best be served by the
granting of probation.
(b) As used in this section, "custodial institution burglary"
shall mean a violation of Section 459 on the grounds of any jail
or correctional institution with the intent to steal items to
use or convert for use as weapons, escape tools, or intoxicating
drugs.
(c) If the court grants probation under subdivision (a), it
shall specify the reason or reasons for such order on the court
record.
(d) Any person convicted of custodial institution burglary shall
serve his or her sentence, including enhancements, consecutive
to any other sentence in effect or pending. The felony sentence
shall be calculated under Section 1170.1.
463. (a) Every person who violates Section 459,
punishable as a second-degree burglary pursuant to subdivision 2
of Section 461, during and within an affected county in a "state
of emergency" or a "local emergency" resulting from an
earthquake, fire, flood, riot, or other natural or manmade
disaster shall be guilty of the crime of looting, punishable by
imprisonment in a county jail for one year or in the state
prison. Any person convicted under this subdivision who is
eligible for probation and who is granted probation shall, as a
condition thereof, be confined in a county jail for at least 180
days, except that the court may, in the case where the interest
of justice would best be served, reduce or eliminate that
mandatory jail sentence, if the court specifies on the record
and enters into the minutes the circumstances indicating that
the interest of justice would best be served by that
disposition. In addition to whatever custody is ordered, the
court, in its discretion, may require any person granted
probation following conviction under this subdivision to serve
up to 240 hours of community service in any program deemed
appropriate by the court, including any program created to
rebuild the community.
For purposes of this section, the fact that the structure
entered has been damaged by the earthquake, fire, flood, or
other natural or manmade disaster shall not, in and of itself,
preclude conviction.
(b) Every person who commits the crime of grand theft, as
defined in Section 487, except grand theft of a firearm, during
and within an affected county in a "state of emergency" or a
"local emergency" resulting from an earthquake, fire, flood,
riot, or other natural or unnatural disaster shall be guilty of
the crime of looting, punishable by imprisonment in a county
jail for one year or in the state prison. Every person who
commits the crime of grand theft of a firearm, as defined in
Section 487, during and within an affected county in a "state of
emergency" or a "local emergency" resulting from an earthquake,
fire, flood, riot, or other natural or unnatural disaster shall
be guilty of the crime of looting, punishable by imprisonment in
the state prison, as set forth in subdivision (a) of Section
489. Any person convicted under this subdivision who is eligible
for probation and who is granted probation shall, as a condition
thereof, be confined in a county jail for at least 180 days,
except that the court may, in the case where the interest of
justice would best be served, reduce or eliminate that mandatory
jail sentence, if the court specifies on the record and enters
into the minutes the circumstances indicating that the interest
of justice would best be served by that disposition. In addition
to whatever custody is ordered, the court, in its discretion,
may require any person granted probation following conviction
under this subdivision to serve up to 160 hours of community
service in any program deemed appropriate by the court,
including any program created to rebuild the community.
(c) Every person who commits the crime of petty theft, as
defined in Section 488, during and within an affected county in
a "state of emergency" or a "local emergency" resulting from an
earthquake, fire, flood, riot, or other natural or manmade
disaster shall be guilty of a misdemeanor, punishable by
imprisonment in a county jail for six months. Any person
convicted under this subdivision who is eligible for probation
and who is granted probation shall, as a condition thereof, be
confined in a county jail for at least 90 days, except that the
court may, in the case where the interest of justice would best
be served, reduce or eliminate that mandatory minimum jail
sentence, if the court specifies on the record and enters into
the minutes the circumstances indicating that the interest of
justice would best be served by that disposition. In addition to
whatever custody is ordered, the court, in its discretion, may
require any person granted probation following conviction under
this subdivision to serve up to 80 hours of community service in
any program deemed appropriate by the court, including any
program created to rebuild the community.
(d) (1) For purposes of this section, "state of emergency" means
conditions which, by reason of their magnitude, are, or are
likely to be, beyond the control of the services, personnel,
equipment, and facilities of any single county, city and county,
or city and require the combined forces of a mutual aid region
or regions to combat.
(2) For purposes of this section, "local emergency" means
conditions which, by reason of their magnitude, are, or are
likely to be, beyond the control of the services, personnel,
equipment, and facilities of any single county, city and county,
or city and require the combined forces of a mutual aid region
or regions to combat.
(3) For purposes of this section, a "state of emergency" shall
exist from the time of the proclamation of the condition of the
emergency until terminated pursuant to Section 8629 of the
Government Code. For purposes of this section only, a "local
emergency" shall exist from the time of the proclamation of the
condition of the emergency by the local governing body until
terminated pursuant to Section 8630 of the Government Code.
(4) Consensual entry into a commercial structure with the intent
to commit a violation of Section 470, 476, 476a, 484f, or 484g
of the Penal Code, shall not be charged as a violation under
this section.
464. Any person who, with intent to commit crime, enters,
either by day or by night, any building, whether inhabited or
not, and opens or attempts to open any vault, safe, or other
secure place by use of acetylene torch or electric arc, burning
bar, thermal lance, oxygen lance, or any other similar device
capable of burning through steel, concrete, or any other solid
substance, or by use of nitroglycerine, dynamite, gunpowder, or
any other explosive, is guilty of a felony and, upon conviction,
shall be punished by imprisonment in the state prison for a term
of three, five, or seven years.
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