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In general, the penalties for all the different types of felony burglary are separated by degrees. Aggravated burglary is commonly a first-degree felony, and it is usually defined by either an intent to cause harm or the act of carrying deadly weapons during the burglary.
First degree burglary, or residential burglary, is a felony offense. Under California Penal Code 461(1), residential burglary is a strike offense meaning you will have to serve at least 85 percent of your sentence, regardless of good behavior. First time offenders may face up to 6 years in state prison. Second degree burglary, or commercial burglary, can be charged as either a felony or misdemeanor. If you are convicted of commercial burglary as a misdemeanor, you are facing 364 days in county jail.