is residential burglary a felony
Residential Burglary. Residential burglary is always charged as a felony under California penal code 459. This type of burglary occurs in a structure where the victim lives rather than a commercial establishment. Under the 3 strikes law in California, a conviction of residential burglary will result in a strike.
Residential burglary. (1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle. (2) Residential burglary is a class B felony.