Penal Code sections 459 and 460(a) define what constitutes a first degree burglary under California law. The most common type of first degree burglary is a burglary that takes place inside an inhabited dwelling, like a house or apartment. A first degree burglary is a serious crime--pursuant to Penal Code section 1192.7(c)(18) it is a strike under California's Three Strikes Law. However, the stakes are raised even higher if the first degree burglary is a "hot" burglary.
A "hot" burglary is simply a first degree burglary where it is alleged and proven that someone (other than an accomplice to the crime) is in the home during the burglary. In this situation, because the risk of someone being hurt or killed is so much higher, the law deems a "hot" burglary a "violent" felony pursuant to Penal Code section 667.5(c)(21), in addition to it being a strike offense.
The major consequence of a "hot" burglary is that the defendant cannot get more than 15% good-time/work-time credit if the defendant is in custody during the case (Penal Code section 2933.1). It also means that the defendant must serve 85% of any sentence that is imposed.
At Chambers Law Firm, we specialize in serious, high-stakes felony cases. If you or a loved one are facing a serious felony charge, contact us for a free consultation. We can provide you with the expert guidance needed to get you the best result possible in your specific case.