Entry with intent
The statute requires entry into a covered structure or vehicle with intent to commit grand or petty larceny or any felony. The intent must exist at the moment of entry — forming the idea afterward is a different legal question.
California Penal Code / Burglary offenses
Burglary Bail Bonds in California
California burglary charges turn on specific entry and intent requirements. The type of property, whether it was legally inhabited, whether another person was present, and any additional allegations can all change the release process — and a commercial burglary allegation does not necessarily receive the same release treatment as a residential burglary charge.
Not every burglary arrest requires a commercial bail bond. Start with the exact booking and court record, then check the release procedure that actually applies.
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- 01Defendant info
- 02Location
- 03Contact info
01 / Overview
Understanding burglary charges in California
What was entered, the intent at entry, and the degree all matter.
Burglary under Penal Code §459 is entering a covered structure or vehicle with the intent to commit theft or a felony. The label on an arrest report is not the legal analysis: the property type, the alleged intent at the moment of entry, whether the place was legally inhabited and whether another person was present determine the degree, the classification and the release route. An arrest is not proof of guilt.
No completed theft required
Burglary does not require that anything actually be taken. The entry with the required intent can satisfy the statute even when the plan was interrupted or abandoned.
No forced entry required
Breaking a lock or a window is not an element of §459. Walking through an unlocked or open door can satisfy the entry requirement when the required intent exists — which is why not every unauthorized entry is automatically a burglary, and why the facts matter.
Residential burglary
Burglary of an inhabited dwelling — a house, apartment or other place currently used for dwelling purposes — is first-degree burglary under §460(a), a felony and a serious felony under §1192.7(c)(18).
Commercial burglary
Entering a store, warehouse, office or other business with the required intent is generally second-degree burglary under §460(b) — a wobbler that can be filed as a misdemeanor or a felony. A commercial allegation does not automatically receive the same release treatment as a residential one.
Locked vehicles
Section 459 also covers locked vehicles, and §465 separately addresses unlawful vehicle entry. Vehicle allegations have their own elements and their own schedule entries.
Burglary vs. shoplifting
Entering an open business during regular hours to take property worth $950 or less is generally shoplifting under §459.5, not burglary — a distinction that changes the charge and the release route.
Burglary vs. robbery and theft
Theft is the taking; robbery is a taking from a person by force or fear; burglary is the entry with intent. One incident can produce several allegations, but each is a separate legal question with its own schedule treatment.
Theft and robbery describe different conduct from entry with intent. The felony release framework helps separate charge classification from authority to post financial security.
Start with the record: official custody tools · jail and detention resources · court resources · bail and booking resources. Browse every guide in the bail bond services directory.
02 / California Penal Codes
California burglary laws & Penal Codes explained
Understand the Penal Code before understanding the bail.
A / Core burglary offenses
Entry, intent and degrees
The definition, the degree classifications, the punishment provision and the probation restriction.
PC §459
Burglary
- What it covers
- Entering any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, floating home, railroad car, locked or sealed cargo container, trailer coach, house car, inhabited camper, locked vehicle, aircraft or mine — with intent to commit grand or petty larceny or any felony.
- What distinguishes it
- The entry and the intent at the moment of entry are the elements. A completed theft is not required, and neither is forced entry: opening an unlocked door can satisfy the statute when the required intent exists. As amended effective January 1, 2026, the statute also provides that disaster damage to a structure — or the extent of that damage — does not preclude conviction, and a dwelling left solely because a disaster displaced its occupants still counts as inhabited.
- Classification
- Wobbler or felony depending on degree; degrees are set by §460.
- Why it matters for release
- The exact entry alleged, the property type and the degree control which 2026 LA County schedule entry applies. Do not assume every burglary arrest carries the same release treatment.
PC §460(a)
First-degree burglary
- What it covers
- Every burglary of an inhabited dwelling house, vessel, floating home, trailer coach or the inhabited portion of any other building is burglary of the first degree.
- What distinguishes it
- “Inhabited” means currently used for dwelling purposes, whether occupied or not — a person does not have to be physically inside at the time. A home left solely because a disaster displaced its occupants still qualifies.
- Classification
- Felony; first-degree burglary is listed as a serious felony under PC §1192.7(c)(18).
- Why it matters for release
- The 2026 LA County felony schedule separates inhabited-dwelling entries from other burglaries: inhabited dwelling with no person present is MR, and first degree with a person present carries a $50,000 scheduled amount (p. 19).
PC §460(b)
Second-degree burglary
- What it covers
- All other kinds of burglary are of the second degree — including burglary of commercial establishments, uninhabited structures and other covered property that is not an inhabited dwelling.
- What distinguishes it
- Second degree is the residual classification. It is not automatically “minor”: the same conduct can be filed as a misdemeanor or a felony, and the filing decision controls which schedule applies.
- Classification
- Wobbler: misdemeanor or felony.
- Why it matters for release
- The 2026 LA County felony schedule lists BR for “all other” burglary (p. 19); the misdemeanor schedule lists BR for qualifying misdemeanor burglary (p. 18). The filing determines the route.
PC §461
Burglary punishment
- What it covers
- Sets the punishment for burglary: first degree is punishable by imprisonment in the state prison for two, four or six years; second degree is punishable by county jail up to one year or under the felony provisions.
- What distinguishes it
- Punishment ranges are sentencing classifications — they are not bail amounts and not pre-arraignment release terms. Confusing punishment with bail is a common and costly mistake.
- Classification
- Sentencing provision.
- Why it matters for release
- The punishment range does not set bail. The county schedule and the court’s orders govern pre-arraignment release.
PC §462
Probation restrictions for first-degree burglary
- What it covers
- Restricts probation grants for specified first-degree burglary convictions unless the court finds unusual circumstances in the interests of justice.
- What distinguishes it
- A sentencing-stage restriction relevant only to qualifying first-degree convictions. It is not a bail rule, not a pre-arraignment release restriction and not applicable to every burglary charge.
- Classification
- Probation provision.
- Why it matters for release
- Probation restrictions do not set or change pre-arraignment release. The schedule and the court’s orders control.
B / Commercial entry & related offenses
Shoplifting, looting and tools
Commercial-establishment entry, emergency-related offenses, explosives, vehicles and burglary tools are distinct allegations with distinct elements.
PC §459.5
Shoplifting
- What it covers
- Entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property taken or intended to be taken does not exceed $950.
- What distinguishes it
- Qualifying shoplifting is charged under §459.5 instead of burglary. Entry with intent to take more than $950, or entry outside regular business hours, can be alleged as burglary instead. Specified prior convictions can remove a case from §459.5 treatment.
- Classification
- Generally misdemeanor, subject to statutory exceptions.
- Why it matters for release
- The 2026 LA County misdemeanor schedule lists BR for qualifying §459.5 shoplifting when value does not exceed $950 and there are no disqualifying priors (p. 18).
PC §463
Looting
- What it covers
- As recast effective January 1, 2026: specified offenses — including first-degree burglary, second-degree burglary, grand theft, trespass and theft from a vehicle — committed within an affected county during a state of emergency, local emergency or under an evacuation order, under the statute’s conditions.
- What distinguishes it
- Not every theft during an emergency is looting. The statute’s emergency, location and offense requirements must actually be met, and its evacuation-zone definitions include damaged residential units for specified periods.
- Classification
- Misdemeanor or felony depending on the underlying offense and subdivision.
- Why it matters for release
- Both 2026 LA County schedules list MR — Magistrate Review — for §463 (felony p. 19, misdemeanor p. 18). A magistrate decides release; there is no fixed scheduled amount.
PC §464
Burglary with explosives
- What it covers
- Entering specified structures with intent to commit a crime and opening or attempting to open a vault, safe or other secure place by means of explosives, a burning bar, thermal lance or similar device.
- What distinguishes it
- A separate, more serious offense — not ordinary residential or commercial burglary. The use of explosives or a torch device is an element.
- Classification
- Felony.
- Why it matters for release
- Both 2026 LA County schedules list MR for §464 (felony p. 19). Magistrate Review is a judicial decision, not a fixed payable amount.
PC §465
Unlawful entry of a vehicle
- What it covers
- Forcibly entering a vehicle, as defined, with intent to commit a theft or a felony inside, under the statute’s conditions.
- What distinguishes it
- Related to, but distinct from, vehicle burglary allegations under §459 covering locked vehicles. The exact section and its elements control the classification.
- Classification
- Wobbler: misdemeanor or felony.
- Why it matters for release
- Both 2026 LA County schedules list BR for §465 (felony p. 19, misdemeanor p. 18).
PC §466
Possession of burglary tools
- What it covers
- Possessing specified tools — such as picklocks, crowbars, screwdrivers or other instruments — with intent feloniously to break or enter into any building or specified property, or making or altering such tools for that purpose.
- What distinguishes it
- The accompanying criminal intent is an element. Possession of an ordinary tool alone does not establish guilt; the statute requires the intent to use it to break or enter feloniously.
- Classification
- Generally misdemeanor.
- Why it matters for release
- A tools allegation is a separate count with its own elements; it does not by itself establish that a burglary occurred.
C / Classification & special allegations
Serious, violent and related provisions
Classification statutes, attempt, enhancements and the separate offenses most often confused with burglary.
PC §1192.7(c)(18)
Serious felony classification
- What it covers
- The statutory list of “serious felonies.” Subdivision (c)(18) includes first-degree burglary, and other subdivisions cover related offenses such as robbery.
- What distinguishes it
- A classification statute with consequences for sentencing, credits and later proceedings. It is not a bail schedule and does not itself set a dollar amount.
- Classification
- Classification provision.
- Why it matters for release
- The 2026 LA County felony schedule marks inhabited-dwelling burglary with no person present “S” under §1192.7(c)(18) and lists MR (p. 19).
PC §667.5(c)(21)
Violent felony classification
- What it covers
- The statutory list of “violent felonies.” Subdivision (c)(21) includes first-degree burglary where it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
- What distinguishes it
- The person-present circumstance must be charged and proved — it is not automatic merely because a home was inhabited. This distinction drives the most serious burglary release treatment.
- Classification
- Classification provision.
- Why it matters for release
- The 2026 LA County felony schedule marks first-degree burglary with a person present “V” under §667.5(c)(21) and lists a $50,000 scheduled amount (p. 19).
PC §664
Attempt
- What it covers
- Makes an attempt to commit a crime punishable where the crime itself is not completed, with punishment generally set as a fraction of the completed offense.
- What distinguishes it
- An attempted burglary allegation differs from a completed burglary charge: the prosecution must prove a direct but ineffectual act toward the crime beyond mere preparation.
- Classification
- Attempt provision.
- Why it matters for release
- Attempt filings can change both the classification and the schedule analysis. Verify the actual charged offense rather than assuming the completed-offense entry applies.
PC §12022.7
Great bodily injury enhancement
- What it covers
- An enhancement adding punishment when a person personally inflicts great bodily injury in the commission of a felony or an attempt, under the statute’s conditions.
- What distinguishes it
- A sentencing enhancement that must be pleaded and proved. It applies only when legally relevant — it is not part of every burglary case.
- Classification
- Sentencing enhancement.
- Why it matters for release
- An enhancement allegation can affect the court’s release analysis, but it is not an automatic add-on to a scheduled amount and not a standalone charge.
PC §211
Robbery — a separate offense
- What it covers
- The felonious taking of personal property in the possession of another, from their person or immediate presence, against their will, accomplished by means of force or fear.
- What distinguishes it
- Force or fear against a person is the dividing line. Burglary concerns entry with intent; robbery concerns a confrontational taking. The same incident can be charged as both, but they are distinct offenses with distinct schedule entries.
- Classification
- Separate violent felony covered by its own guide.
- Why it matters for release
- Robbery carries substantially higher scheduled amounts in the 2026 LA County felony schedule. See the dedicated Robbery guide; never substitute a burglary entry.
PC §484
Theft — a separate offense
- What it covers
- The general theft definition: knowingly taking, obtaining or withholding another’s property through the forms the statute describes.
- What distinguishes it
- Theft is about the taking; burglary is about the entry and the intent at entry. A theft charge does not automatically mean a burglary occurred.
- Classification
- Separate offense covered by the Theft guide.
- Why it matters for release
- Theft has its own schedule entries and release treatment. See the dedicated Theft guide; do not apply burglary entries to a theft filing.
PC §487
Grand theft — a separate offense
- What it covers
- Theft exceeding $950, and specified theft regardless of value — including theft from a person, an automobile or a firearm.
- What distinguishes it
- Grand theft can be alleged inside a burglary (as the intended felony) or as a standalone charge. The two allegations are analyzed separately.
- Classification
- Separate wobbler offense covered by the Theft guide.
- Why it matters for release
- Grand-theft entries differ from burglary entries in both 2026 LA County schedules. Verify which statute actually appears on the booking.
03 / First vs. second degree
First-degree vs. second-degree burglary in California
Habitation, presence and the filing decision change everything.
The degree is not a detail — it is the classification. First-degree burglary requires an inhabited dwelling; second degree is the residual category covering commercial establishments and other qualifying property. Do not assume every burglary of an occupied business is first degree, that an empty home is automatically second degree, or that a commercial burglary automatically requires cash bail. LA County protocol examples are illustrative, not statewide promises.
- 01
First-degree burglary, inhabited dwelling, no person present
PC §§459 / 460(a)- Classification
- Felony; serious under PC §1192.7(c)(18)
- LA County review
- MR in the 2026 LA County felony schedule
- Financial bail
- No fixed scheduled dollar amount; a magistrate decides
- Possible allegations
- Entry into a place currently used for dwelling purposes — occupation at the moment of entry is not required
- 02
First-degree burglary, another person present
PC §§459 / 460(a), with PC §667.5(c)(21)- Classification
- Felony; violent when the presence is charged and proved
- LA County review
- $50,000 in the 2026 LA County felony schedule
- Financial bail
- A specific scheduled financial amount for this circumstance
- Possible allegations
- Another person, other than an accomplice, present in the residence during the burglary — must be charged and proved
- 03
Second-degree commercial burglary
PC §§459 / 460(b)- Classification
- Wobbler: misdemeanor or felony
- LA County review
- BR in both 2026 LA County schedules
- Financial bail
- Nonfinancial protocol for an eligible booking
- Possible allegations
- Entry into a business or other non-dwelling structure with the required intent; the filing decision controls the schedule
- 04
Qualifying shoplifting
PC §459.5- Classification
- Generally misdemeanor, subject to exceptions
- LA County review
- BR in the 2026 LA County misdemeanor schedule
- Financial bail
- Nonfinancial protocol for an eligible booking
- Possible allegations
- Entry into an open commercial establishment during regular business hours, intent to take property valued at $950 or less
- 05
Burglary with explosives
PC §464- Classification
- Felony
- LA County review
- MR in the 2026 LA County felony schedule
- Financial bail
- No fixed scheduled dollar amount; a magistrate decides
- Possible allegations
- Use of explosives, a burning bar or a thermal device on a vault, safe or secure place
- 06
Unlawful vehicle entry
PC §465- Classification
- Wobbler: misdemeanor or felony
- LA County review
- BR in both 2026 LA County schedules
- Financial bail
- Nonfinancial protocol for an eligible booking
- Possible allegations
- Forcible vehicle entry with intent to commit theft or a felony inside
The exact statute, evidence, filing and current court order control. This guide does not decide whether a particular person is guilty or qualifies for any release route.
04 / Residential vs. commercial
How residential and commercial burglary cases differ
Inhabited does not always mean someone was home.
The habitation question
- Inhabited is a legal status, not a headcountA dwelling is “inhabited” when it is currently used for dwelling purposes — whether or not anyone is physically inside at the time. A family on vacation or at work does not make their home uninhabited. First-degree classification and a person-present allegation are two different legal questions.
- Temporary absence does not change the classificationA home remains inhabited during ordinary temporary absences. The 2026 LA County felony schedule treats burglary of an inhabited dwelling with no person present as MR — serious, but distinct from the person-present circumstance.
- Disaster displacement — current lawUnder the current version of §459, a dwelling left solely because a natural or other disaster displaced its occupants still counts as inhabited. And as amended by AB 468 (effective January 1, 2026), the fact that a structure has been damaged by a disaster — or the extent of that damage — does not preclude a burglary conviction.
- Mixed-use buildingsA building can contain both inhabited and commercial portions. Section 460(a) reaches the inhabited portion of any building, so the specific area entered can determine the degree.
The commercial side of the line
- Businesses after hoursEntering a closed business with the required intent is generally second-degree burglary — a wobbler. The 2026 LA County schedules list BR for qualifying filings, a nonfinancial route for eligible bookings.
- Businesses during operating hoursEntry into an open business during regular hours with intent to take property worth $950 or less is generally shoplifting under §459.5 — not commercial burglary. A qualifying §459.5 case should not simply be described as burglary.
- Over $950 or outside the conditionsIntent to take more than $950, entry outside regular business hours, or a disqualifying prior can take the case out of §459.5 and into burglary territory. The alleged facts control.
- Locked vehicles and other propertySection 459 also covers locked vehicles, vessels, railroad cars, cargo containers and other listed property. Each property type has its own schedule treatment — §465 vehicle entry, for example, is BR in both 2026 LA County schedules.
California Penal Code §459.5
View official statute: California Penal Code §459.5 (opens in a new tab)- 01
Identify the property entered
Home, apartment, business, vehicle or another covered structure — the property type starts the classification analysis.
- 02
Ask whether it was inhabited
Current use for dwelling purposes controls, including disaster-displaced dwellings under the current statute. Physical presence is a separate question.
- 03
Check for a person-present allegation
Presence of another person must be charged and proved to trigger the violent-felony circumstance and the $50,000 LA County entry.
- 04
Verify the filing
Second-degree burglary can be filed as a misdemeanor or a felony. The filing, the schedule and any court order determine the actual release route.
Set Free does not provide legal representation. Ask a criminal defense attorney how the property type, habitation and any presence allegation in the case affect the charges and release.
05 / Verified LA County entries
How much is bail for burglary in California?
The type of burglary and the county’s release protocol change the answer.
These are actual 2026 Los Angeles County pre-arraignment entries, effective January 1, 2026. Most burglary allegations use BR or MR rather than a financial amount; the $50,000 entry applies only to first-degree residential burglary with another person present. The applicable court schedule, offense classification, additional allegations and judicial decisions can materially change the outcome.
- BRBook and Release
Eligible booking followed by release on a written promise to appear. Other charges and holds may prevent release.
- MRMagistrate Review
A magistrate decides release and conditions. The protocol treats eligible MR offenses as nonfinancial ($0), subject to exceptions; MR is not an automatic $0 financial-bail order or a guarantee of release.
- Scheduled amountFinancial entry
A specified financial condition for the listed allegation and filing. Not a quote for a bail bond premium, and not the amount ordered in every case.
| Charge or circumstance | Statute | Context | LA pre-arraignment | Amount | What happens next | Source |
|---|---|---|---|---|---|---|
| First-degree residential burglary, another person present | PC §459 / §460(a) | Felony · violent allegation | $ | $50,000 | Scheduled financial amount; marked violent under PC §667.5(c)(21). The person-present circumstance must be charged and proved. | Felony schedule, p. 19 (opens in a new tab) |
| Burglary of an inhabited dwelling, no person present | PC §459 / §460(a) | Felony · serious allegation | MR | Judicial review — no fixed financial amount | Magistrate review; marked serious under PC §1192.7(c)(18). The schedule notes this is a non-§1270.1(a)(1) crime. | Felony schedule, p. 19 (opens in a new tab) |
| All other burglary, felony filing | PC §459 | Felony · LA County | BR | Nonfinancial protocol | Eligible book-and-release route for the felony filing; verify the whole booking, including any companion charges. | Felony schedule, p. 19 (opens in a new tab) |
| Looting | PC §463 | Felony · LA County | MR | Judicial review — no fixed financial amount | Magistrate review; the emergency and evacuation-zone elements must actually be alleged. | Felony schedule, p. 19 (opens in a new tab) |
| Burglary with explosives | PC §464 | Felony · LA County | MR | Judicial review — no fixed financial amount | Magistrate review for this separate explosives offense. | Felony schedule, p. 19 (opens in a new tab) |
| Unlawful entry of a vehicle | PC §465 | Felony · LA County | BR | Nonfinancial protocol | Eligible book-and-release route for the felony filing. | Felony schedule, p. 19 (opens in a new tab) |
View all schedule examples
| Charge or circumstance | Statute | Context | LA pre-arraignment | Amount | What happens next | Source |
|---|---|---|---|---|---|---|
| Qualifying misdemeanor burglary | PC §459 | Misdemeanor · LA County | BR | Nonfinancial protocol | Eligible book-and-release route when filed as a misdemeanor; the felony filing is treated separately. | Misdemeanor schedule, p. 18 (opens in a new tab) |
| Qualifying shoplifting, value $950 or less, no disqualifying priors | PC §459.5 | Misdemeanor · LA County | BR | Nonfinancial protocol | Eligible book-and-release when the business-hours, value and prior-conviction conditions are met. | Misdemeanor schedule, p. 18 (opens in a new tab) |
| Looting | PC §463 | Misdemeanor · LA County | MR | Judicial review — no fixed financial amount | Magistrate review; the statute’s emergency conditions must be met. | Misdemeanor schedule, p. 18 (opens in a new tab) |
| Unlawful entry of a vehicle | PC §465 | Misdemeanor · LA County | BR | Nonfinancial protocol | Eligible book-and-release route when filed as a misdemeanor. | Misdemeanor schedule, p. 18 (opens in a new tab) |
- BR means Book and Release and MR means Magistrate Review. Neither is a universal guaranteed dollar amount for a commercial bond.
- The $50,000 entry applies to first-degree residential burglary with another person present — a specific circumstance that must be charged and proved — not to every burglary arrest and not to every first-degree burglary.
- Do not assume every residential burglary requires a bond, and do not assume every commercial burglary is automatically released. The designation, exceptions and any court order control.
- A nonfinancial release designation does not guarantee immediate release, and Magistrate Review does not create an automatically payable commercial bond amount.
- Multiple counts, enhancements, warrants, felony probation, parole, PRCS and qualifying failures to appear can alter the release route. See the protocol’s general provisions.
- Pre-arraignment protocol decisions do not bind the arraignment court. A judge may set a different amount or different conditions, and a scheduled amount is not the amount ordered for every individual defendant.
- Official scheduleLos Angeles County 2026 Felony Bail ScheduleView court schedule: Los Angeles County 2026 Felony Bail Schedule (opens in a new tab)
- Official scheduleLos Angeles County 2026 Misdemeanor Bail ScheduleView court schedule: Los Angeles County 2026 Misdemeanor Bail Schedule (opens in a new tab)
Not sure what the burglary charge means for bail?
06 / Special circumstances
When burglary allegations can change release conditions
Specific allegations with their own rules.
- An inhabited dwelling
First-degree residential burglary
Burglary of a place currently used for dwelling purposes is first degree — a felony and a serious felony under §1192.7(c)(18). Habitation is a legal question about how the property is used, not about whether anyone happened to be inside.
- Another person present
The violent-felony circumstance — PC §667.5(c)(21)
When it is charged and proved that another person, other than an accomplice, was present in the residence during the burglary, the offense is treated as a violent felony. This is the circumstance that carries the $50,000 scheduled amount in Los Angeles County — and it must actually be alleged and established.
- Explosives or a torch
Burglary with explosives — PC §464
Using explosives, a burning bar or a thermal device on a vault, safe or secure place is a separate felony offense, not ordinary burglary. Both 2026 LA County schedules route it to Magistrate Review.
Looting — PC §463
As recast effective January 1, 2026, looting covers specified offenses — including first- and second-degree burglary — committed within an affected county during an emergency or under an evacuation order. The statute’s conditions must actually be met; not every theft during an emergency qualifies.
Additional charged offenses
Robbery, assault, weapons or other allegations can be charged alongside burglary and separately affect custody, classification and release. Each count is analyzed on its own elements.
Existing warrants or holds
An unrelated warrant, supervision matter or hold can keep someone in custody even when the burglary charge itself carries a nonfinancial designation.
Attempted burglary — PC §664
An attempt allegation requires proof of a direct but ineffectual act beyond preparation. Attempt filings can change both the classification and the schedule analysis.
Great bodily injury — PC §12022.7
A GBI enhancement must be pleaded and proved under its own conditions. It is not automatic and not part of every burglary case.
Serious felony status — PC §1192.7(c)(18)
First-degree burglary’s serious-felony classification carries consequences for sentencing and later proceedings. It is a classification, not a bail amount.
Probation restriction — PC §462
Section 462 restricts probation grants for qualifying first-degree convictions. It is a sentencing-stage provision, not a pre-arraignment release rule.
Burglary tools — PC §466
Possession of tools requires the accompanying felonious intent. A separate tools count does not by itself establish that a burglary occurred.
Judicial review
MR entries mean a magistrate or judge reviews release and conditions. Paying a premium cannot replace that review.
No circumstance is assumed
No person-present, explosives, emergency or enhancement allegation is presumed in every burglary case. Each must be checked against the actual booking and filing.
No additional allegation is automatically established. Each circumstance must be verified against the actual record before drawing conclusions about release.
07 / Bond costs
What does a burglary bail bond cost?
Court-set bail, premium and payment terms are different numbers.
Court-set bail
The financial security the court requires for appearance. If the person is released under a qualifying BR, MR or own-recognizance route, a commercial bond may not be necessary at all.
Bond premium
The fee for a surety bond securing the full bail amount. The surety’s rate filed with the California Department of Insurance and the signed contract govern; the premium is generally not refunded.
Initial payment
An amount paid at signing toward the premium, if an approved written agreement permits it. This page does not promise a particular down payment.
Remaining financed premium
A payment plan spreads the unpaid premium, not the court’s entire bail amount. Ask about the written balance, due dates and any applicable terms; approval is not guaranteed.
Collateral
Property or other security may be requested. Understand how it is held, when it is released and any obligations still outstanding; do not assume every agreement is collateral-free.
Co-signer responsibility
An indemnitor can be responsible for expenses and the full bond amount if the defendant does not appear, under the agreement. Read every obligation before signing.
08 / Release & hearings
When is a burglary bail bond actually needed?
Verify the release route before the cost.
PC §1269b
County bail schedules
Superior Court judges adopt county bail schedules and the pre-arraignment release procedures that apply to booked offenses.
Use the applicable county schedule and protocol, not a generic online estimate of “burglary bail.”
PC §1270
Bail and own-recognizance release
Addresses release on bail or own recognizance. A misdemeanor defendant is entitled to OR release unless the court makes the statutory public-safety or appearance findings; felony OR release remains subject to governing restrictions.
Release decisions remain judicial decisions even when a booking has a protocol designation.
PC §1270.1
Hearing requirements for specified serious and violent felonies
Requires a hearing before certain release decisions for specified serious and violent felonies. The 2026 LA County felony schedule expressly notes that residential burglary is a non-§1270.1(a)(1) crime — so do not assume this section applies uniformly to every residential burglary.
Whether §1270.1 applies depends on the exact charges alleged, not on the word “burglary.”
PC §1275
Public safety & appearance
In setting, reducing or denying bail, the court weighs the protection of the public, the seriousness of the charge, previous criminal record and the probability of appearance.
The degree, any person-present allegation and the person’s history can shape the court’s release analysis.
PC §1275.1
Source of bail security
When the statutory probable-cause process is invoked, release cannot be secured with money or property the court finds was feloniously obtained.
A burglary accusation does not automatically create a source-of-funds hold; the statutory process must actually be invoked.
PC §1318
Written promises after release
Own-recognizance release requires the statutory written agreement to appear and comply with applicable conditions.
Nonfinancial release still creates enforceable court obligations.
Constitutional framework
In re Humphrey (2021): ability to pay matters
The California Supreme Court requires consideration of ability to pay and less restrictive conditions before unaffordable financial bail results in detention. The decision does not guarantee release, erase valid statutory restrictions or prevent a court from setting conditions.
- Release is not dismissalThe case continues after release, and the person must attend every court date.
- Many burglary arrests need no bondQualifying second-degree, shoplifting and vehicle-entry filings carry BR designations in Los Angeles County, and MR entries are reviewed without a fixed amount. Check the release route before assuming a premium is involved.
- A bond agent cannot change court ordersA commercial bail agent cannot cancel, modify or bypass judicial review, a hold or any other court condition.
- Other cases remain separateA warrant or supervision matter in another case can keep someone in custody even after bail is arranged on the burglary charge.
Release scenarios / When a bond is needed
Does every burglary arrest require a bail bond?
No. Check the release route before the cost.
- Scenario A
Book and Release
Qualifying second-degree burglary, shoplifting (§459.5) and vehicle-entry (§465) filings may use BR in Los Angeles County — booked, then released on a written promise to appear.
No bond for qualifying release - Scenario B
Magistrate Review
Burglary of an inhabited dwelling with no person present, looting (§463) and burglary with explosives (§464) are reviewed by a magistrate, who decides release and conditions.
Judicial decision first - Scenario C
Court-set financial bail
A scheduled financial amount — such as the $50,000 first-degree person-present entry — or a court-set amount at arraignment may require financial security. A surety bond may be an option if the person is otherwise eligible for release.
Financial bail required - Scenario D
Own-recognizance or supervised release
The court can release on a written promise to appear, with or without conditions, considering public safety and ability to pay under In re Humphrey. A misdemeanor defendant is entitled to OR release absent the statutory findings.
No bond when the court orders it - Scenario E
Additional charges, warrants or holds
A warrant, supervision matter, source-of-funds restriction or another count can prevent release even after bail is arranged on the burglary charge.
A bond may not resolve custody
Check the actual booking and court record. No automated eligibility decision is made here, and neither release nor its timing is guaranteed.
Get bail helpPreparation / Start with the record
Useful details after a burglary arrest
Start with what you know.
Defendant’s name
Full name; date of birth or approximate age if known. Age and birth date remain optional on the form.
Arrest location
City or county of arrest. Official tools can help verify the facility; do not assume a custody or court assignment.
Exact allegation, if known
The Penal Code section, the alleged degree, any person-present allegation and any court order are useful records to have privately. They are not additional required form questions.
Your contact details
Your name, phone and email for follow-up. You can begin without knowing every detail of the booking.
You do not need every record before asking for help. Keep sensitive documents private; this checklist does not collect or save answers.
Get bail help09 / After arrest
What happens after a burglary arrest?
Five stages. No promised release time.
The degree, the property type, any person-present allegation, companion charges, custody status and court conditions shape the sequence. Case defenses and charging decisions belong with counsel and the court.
Arrest & booking
The facility records the alleged Penal Code sections, the degree, the property type and any companion charges. The booking allegation is not a conviction.
Locate & verify
Confirm the person, facility and booking through official custody tools. Check the exact sections, the alleged degree and whether a person-present circumstance is alleged — not just the word “burglary.”
Review charge & release options
Determine whether BR, MR, a scheduled financial amount or own-recognizance release applies, including the effect of habitation, presence allegations, additional offenses and any holds.
Complete bond documentation, if needed
If financial bail is required and a bond is appropriate, review the filed premium, payment agreement, collateral and co-signer obligations before signing.
Posting, processing & court obligations
If a bond is posted, the facility still processes release and checks holds. The defendant must appear in court and obey every condition. No release time is promised.
10 / Local resources
Local custody, court & area resources
Find the person. Find the court.
Inmate Search
Locate a booking through official custody tools before relying on an assumed facility or charge.
Jails & Detention Centers
Review facility-specific information and official custody references; location does not establish the court assignment.
Courthouses
Find official court resources for arraignment and later proceedings; verify the assigned case location.
Areas We Serve
Browse the published geographic directory without assuming service coverage from a legal schedule example.
Bail Bond Services
Explore the service directory and distinguish a release inquiry from financial-bail arrangements.
Resources
Research booking, costs and court obligations alongside the exact burglary information in this guide.
Los Angeles County custody & court guide
County-specific custody and court references, when this guide is approved for publication.
Long Beach booking & court resources
Local official references when published; city geography does not establish custody or case assignment.
Sources
Official California burglary laws & court resources
Exact statute sections and primary government references.
Government sources are linked for reference only and do not endorse Set Free Bail Bonds.
Superior Court of Los Angeles County
Los Angeles County 2026 Felony Bail Schedule
Effective January 1, 2026. Burglary, looting, explosives and vehicle-entry entries on p. 19.
Superior Court of Los Angeles County
Los Angeles County 2026 Misdemeanor Bail Schedule
Effective January 1, 2026. Misdemeanor burglary, shoplifting, looting and vehicle-entry designations on p. 18.
California Legislative Information
PC §459 — Burglary
Entry with intent, covered structures and vehicles, and the current disaster-related provisions effective January 1, 2026.
California Legislative Information
PC §459.5 — Shoplifting
Commercial-establishment, business-hours and value requirements, and its exceptions.
California Legislative Information
PC §460 — Degrees of burglary
First-degree inhabited-dwelling burglary and the residual second-degree classification.
California Legislative Information
PC §461 — Burglary punishment
Sentencing classifications — not bail amounts.
Additional official resources
California Legislative Information
PC §462 — Probation restrictions
Probation limits for qualifying first-degree convictions; a sentencing-stage provision.
California Legislative Information
PC §463 — Looting
Emergency and evacuation-zone offenses as recast effective January 1, 2026.
California Legislative Information
PC §464 — Burglary with explosives
The separate explosives offense.
California Legislative Information
PC §465 — Unlawful vehicle entry
Forcible vehicle entry with intent to commit theft or a felony.
California Legislative Information
PC §466 — Burglary tools
Possession with the required felonious intent.
California Legislative Information
PC §667.5 — Violent felonies
Subdivision (c)(21): first-degree burglary with another person present, when charged and proved.
California Legislative Information
PC §1192.7 — Serious felonies
Subdivision (c)(18): first-degree burglary as a serious felony.
California Legislative Information
PC §664 — Attempt
Attempted offenses and their punishment framework.
California Legislative Information
PC §12022.7 — Great bodily injury enhancement
A separately pleaded enhancement, relevant only when its conditions are met.
California Legislative Information
PC §211 — Robbery
The distinct force-or-fear offense.
California Legislative Information
PC §484 — Theft defined
The general theft definition.
California Legislative Information
PC §487 — Grand theft
Value threshold and qualifying circumstances.
California Legislative Information
PC §1269b — County bail schedules
County schedule adoption and pre-arraignment release authority.
California Legislative Information
PC §1270 — Bail and own-recognizance release
Release authority and misdemeanor OR findings.
California Legislative Information
PC §1270.1 — Hearing requirements
Hearings for specified serious and violent felonies; the LA schedule notes residential burglary is a non-§1270.1(a)(1) crime.
California Legislative Information
PC §1275 — Bail-setting factors
Public safety, seriousness, history and appearance factors.
California Legislative Information
PC §1275.1 — Source of bail security
Statutory source-of-funds procedure, not an automatic hold.
California Legislative Information
PC §1318 — Own-recognizance agreement
The written promise to appear and comply with conditions.
California Legislative Information
AB 468 (2025) — Crimes: looting
Chapter 533, Statutes of 2025: amended §459 and recast §463, effective January 1, 2026.
California Courts
In re Humphrey (2021) 11 Cal.5th 135
Ability to pay and least-restrictive-conditions requirements for financial bail.
California Courts
Arraignment — criminal court overview
Official self-help explanation of the arraignment and release process.
California Department of Insurance
Bail bond consumer information
Premiums, collateral, contracts and consumer safeguards.
12 / Questions
Burglary bail bond FAQs
Straight answers, honest limits.
Content updated November 2, 2026. General information, not legal advice.
How much is bail for residential burglary in Los Angeles County?
It depends on the circumstance. The 2026 LA County felony schedule lists burglary of an inhabited dwelling with no person present as MR — Magistrate Review, a judicial decision with no fixed dollar amount — and first-degree burglary with another person present at a $50,000 scheduled amount. The exact allegation and any court order control.
Is first-degree burglary automatically a $50,000 bail offense?
No. The $50,000 entry applies to first-degree residential burglary where it is charged and proved that another person, other than an accomplice, was present in the residence. First-degree burglary of an inhabited dwelling with no person present is listed as MR — Magistrate Review — in the same schedule.
What is the difference between first- and second-degree burglary?
First-degree burglary (PC §460(a)) is burglary of an inhabited dwelling — a place currently used for dwelling purposes — and is a felony and a serious felony. Second-degree burglary (§460(b)) covers all other qualifying burglary, including commercial establishments, and is a wobbler that can be filed as a misdemeanor or a felony.
Can burglary be charged when nothing was stolen?
Yes. Burglary under PC §459 requires entry with the intent to commit theft or a felony — a completed taking is not an element. Whether the required intent existed is a factual and legal question for the case, not something an arrest label decides.
Does burglary require breaking into a building?
No. Forced entry is not an element of §459. Entry through an unlocked or open door can satisfy the statute when the required intent exists at the moment of entry. Tools or force allegations, when separately charged, are distinct offenses.
Can an empty house still count as an inhabited residence?
Yes. “Inhabited” means currently used for dwelling purposes, whether occupied or not — a family away on vacation does not make their home uninhabited. Under the current statute, a dwelling left solely because a disaster displaced its occupants also remains inhabited.
What happens when another person was inside the residence?
When it is charged and proved that another person, other than an accomplice, was present in the residence during a first-degree burglary, the offense is treated as a violent felony under PC §667.5(c)(21). The 2026 LA County felony schedule lists a $50,000 scheduled amount for that circumstance.
How much is bail for commercial burglary?
Commercial burglary is generally second degree — a wobbler. Both 2026 LA County schedules list BR — Book and Release, a nonfinancial route for eligible bookings — for qualifying burglary filings. Do not assume a commercial burglary automatically requires cash bail; verify the actual filing and any court order.
What is the difference between burglary and shoplifting?
Qualifying shoplifting (PC §459.5) is entering an open commercial establishment during regular business hours with intent to take property valued at $950 or less, and it is charged as shoplifting rather than burglary. Entry after hours, intent to take more than $950, or a disqualifying prior can be alleged as burglary instead.
What is the difference between burglary and robbery?
Burglary is entering a covered structure or vehicle with intent to commit theft or a felony. Robbery (PC §211) is taking property from a person or their immediate presence by force or fear, and is a violent felony with substantially higher scheduled amounts. One incident can be charged as both, but they are distinct offenses.
Can a burglary charge be a misdemeanor?
Yes. Second-degree burglary is a wobbler the prosecution can file as a misdemeanor or a felony. The 2026 LA County misdemeanor schedule lists BR — Book and Release — for qualifying misdemeanor burglary (p. 18). First-degree burglary is always a felony.
What happens during Magistrate Review?
A magistrate reviews the available facts and decides release and conditions. LA County’s protocol treats eligible MR offenses as nonfinancial, subject to exceptions, but review can result in conditions or deferral until arraignment. It is not an automatic $0 order or guaranteed immediate release.
Can someone be released before arraignment?
Yes, when the county protocol permits it. BR designations allow eligible bookings to be released on a written promise to appear before arraignment; MR designations go to a magistrate first; and a scheduled financial amount can be posted where permitted. Holds, other counts and court orders can prevent release in any route.
What does a burglary bail bond premium cost?
The premium is the fee for a surety bond securing the full bail amount, governed by the surety’s rate filed with the California Department of Insurance and the signed contract. A hypothetical 10% on the $50,000 first-degree person-present schedule entry would be $5,000, but that figure is illustrative only — not Set Free’s filed rate or a financing offer.
What information is needed to begin a burglary bail inquiry?
The person’s full name, approximate age or date of birth, and the city or county of arrest are enough to begin locating the booking. The exact Penal Code sections, the alleged degree, any person-present allegation, the facility and any court orders can then be verified through official custody and court tools.
Get clear answers after a burglary arrest
Freedom starts here.
Start with the exact booking: the Penal Code section, the alleged degree, any person-present allegation and the facility. Set Free can help you understand which release route applies and, when financial bail is actually required, explain the premium, payment and co-signer obligations in writing before anyone signs.