Commercial burglary under PC 459 occurs when someone enters a building or other enclosure with the intent to commit a felony. The difference between shoplifting and commercial burglary is the formation of intent prior to entering a building. If the intent to steal is proven prior to going into a building, then you can be charged with commercial burglary.
Commercial burglary can be filed either as a misdemeanor or a felony. However, under Prop 47, if the value does not exceed $950.00, it will be a misdemeanor.
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