Burglary Bail Bonds

Burglary under Penal Code § 459 is entering a structure with the intent to commit theft or any felony. Nothing has to be taken and nothing has to be broken. What decides the bail is what kind of structure it was: first degree burglary of an inhabited dwelling is a serious felony; second degree is not.

Scheduled Orange County bail

From the 2026 Orange County uniform bail schedule — illustrative only. See the Orange County bail schedule explained.

First degree, second degree, and the strike question

Penal Code § 460 makes burglary of an inhabited dwelling house, vessel, floating home or trailer coach first degree; all other burglary is second degree. First degree residential burglary is a serious felony under § 1192.7(c) and therefore a strike.

“Inhabited” means currently being used as a dwelling, whether or not anyone was home at the time. That catches out a lot of people: an empty house someone lives in is still inhabited; a vacant one for sale generally is not.

One quirk worth knowing: the Orange County schedule’s § 1270.1 note captures violent and serious felonies, but the schedule expressly excludes § 460(a) from the violent-felony list it applies in the release-consideration provisions of the county’s own document. Whether a hearing is required in a particular case is a question for the court, not for a bail agency — we will tell you what the schedule says and what we have seen, and we will not pretend to predict a judge.

Commercial burglary and Proposition 47

Entering a commercial establishment during business hours with intent to commit larceny of $950 or less is generally shoplifting under Penal Code § 459.5, a misdemeanour for most defendants, rather than burglary. That single distinction moves a case from a felony bail figure to a misdemeanour one. See theft and shoplifting.

Burglary, robbery and theft — the line between them

Burglary is about entry with intent. Robbery is about force or fear against a person, and is a violent felony at $50,000 or $100,000 depending on degree. Theft is simply the taking, with no entry and no force. Where deception is the method rather than entry or force, it becomes fraud or forgery.

One incident frequently generates two of these charges — entering a home and taking something is burglary and theft. In Orange County the bail does not double: the highest single felony amount plus enhancement governs.

What to do first

1. Find out whether it is charged as residential or commercial. That is the whole ball game.
2. Check for strike priors, which double or quadruple the figure.
3. Check for other counts and warrants. In Orange County felony bails do not stack count by count, but a warrant carries its own amount.
4. In Los Angeles County, check the protocol column before assuming a bond is needed at all — see LA bail amount lookup.

Questions we get asked most

How much is bail for burglary in Orange County?

The 2026 schedule sets residential burglary at $50,000 before enhancements. Commercial burglary is second degree and substantially lower.

Is burglary a strike in California?

First degree residential burglary is a serious felony under Penal Code 1192.7(c) and therefore a strike. Second degree commercial burglary is not.

Does anything have to be stolen for it to be burglary?

No. Burglary is entering with the intent to commit theft or any felony. The intent at entry is the offence; whether anything was taken goes to the evidence, not the definition.

What if the shop was open and the amount was under $950?

That is generally shoplifting under Penal Code 459.5 rather than burglary, and for most defendants it is a misdemeanour.

Related resources

All bail services · Orange County bail schedule · LA County bail schedule · How bail works in California · Bail reduction hearings · Co-signer responsibilities · Find an inmate