At 8:15 pm on Wednesday, January 1st, police responded to a home invasion call at a residence on Hollyridge Drive in the Hollywood Hills. According to reports, the suspect attempted to burglarize a home where the residents were still inside – known as a hot prowl burglary.

When police arrived, they found the suspect armed with a knife, and refusing police demands. Mental health professionals along with the SWAT Team arrived around 10:30, and the suspect was arrested after 2 am.

A hot prowl burglary is a special type of burglary (or in some states, a separate crime from burglary) in which the suspect enters a building or home while the residents are still inside. Many hot prowl burglaries revolve around theft, though some offenders have other intentions, such as sexual assault, regular assault, murder, and others.

Burglary is covered under California Penal Code 459 PC and is described as entering a residential or commercial structure (or locked vehicle) with the intention of committing any felony, grand larceny, or petty larceny. It can be charged as either a misdemeanor or a felony and is divided into two types: first-degree burglary and second-degree burglary.

First-degree burglary is usually charged when the crime occurs in a residence. Second-degree burglary usually covers any other burglarized structure that isn’t a residence. A residence, for the purpose of determining the appropriate charge, include the following if inhabited:

  • Homes or a room within a home
  • Boats or floating homes
  • Hotel and Motel rooms
  • Inhabited portion of another kind of building

If any of the above are burglarized, it is usually considered first-degree burglary. Structures that do not meet the requirements usually carry second-degree burglary charges.

The penalties for first-degree burglary include 2 to 6 years in California State prison because it’s a felony. For misdemeanor second-degree burglary, the potential penalties include up to 1 year in jail, while felony second-degree burglary charges carry the potential penalties of 16 months to 3 years in jail.