PC §459 · §460 · §461 · Low Down Payment Options
Burglary Bail Bonds
In California
Commercial burglary and residential burglary are two very different bonds. We write both across Southern California — with 1% down available on qualifying second-degree filings and fast posting on residential bail.
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Table Of Contents
Jump straight to the burglary bail information you need — which statutes apply, what the bond costs, financing tiers, our process, and the questions families ask most.
What Are Burglary Charges?
What a Burglary Bail Bond Costs
Our Reviews
Charges We Handle
Down Payment Tiers
Benefits of Using Midnight
Who Qualifies (and Who Doesn't)
Cases Approved for 1% Down
Cases at a Higher Tier
The Bail Process on a Burglary
What We Need When You Call
FAQs for Burglary Bail Bonds
Counties We Serve
What Are Burglary Charges?
Burglary in California is entering a structure with intent to commit theft or any felony — the entry itself is the crime, whether or not anything was taken. The degree filed drives the bail.
Penal Code §459 — Burglary Defined
Penal Code §459 makes it burglary to enter a building, room, or locked vehicle with intent to commit theft or a felony inside. Nothing has to be stolen for the charge to be filed.
Penal Code §460 — First vs. Second Degree
Penal Code §460 makes burglary of an inhabited dwelling first degree — always a felony and a strike. Every other structure is second degree, which is a wobbler with much lower bail.
Penal Code §461 — Punishment
Penal Code §461 sets the sentencing exposure: state prison for first degree, and county jail or prison for second degree depending on how the district attorney files it.
Related — Theft & Strike Priors
Burglary is frequently charged alongside theft under Penal Code §484. A prior strike under Penal Code §667 raises both the scheduled bail and the down payment tier.
What a Burglary Bail Bond Costs
The bail premium in California is 10% of the total bail, fixed by Cal. Ins. Code §1800. What changes between clients is the down payment. The table below shows a 1% down structure at typical burglary bail amounts.
| Total Bail | Standard 10% Premium | 1% Down | Remaining Financed Balance |
|---|---|---|---|
| $20,000 | $2,000 | $200 | $1,800 |
| $35,000 | $3,500 | $350 | $3,150 |
| $50,000 | $5,000 | $500 | $4,500 |
| $100,000 | $10,000 | $1,000 | $9,000 |
| $150,000 | $15,000 | $1,500 | $13,500 |
1% down is a qualification-based tier. The full 10% premium set by California law is still owed and is financed on a signed payment plan. Residential (first-degree) burglary typically writes at 5% or 10% because it is a strike offense.
Our Reviews
Real feedback from California families we've helped release loved ones — sourced live from Google.
Charges We Handle
We bond every charge type in Southern California, from shoplifting to homicide cases. Explore any charge for the statute, typical bail range, and financing details.
Not sure if your situation qualifies? Call us — we'll tell you honestly whether we can help.
Down Payment Tiers
Four tiers, assigned honestly based on the cosigner's profile and the counts filed. You'll know your tier before any paperwork moves.
Who Qualifies
Strong-credit cosigner (700+), stable long-term employment, homeowner or verifiable equity, and a signed financing agreement for the remaining 9%.
Notes
Most common on second-degree commercial burglary with no prior record.
Who Qualifies
Fair-to-good credit cosigner (640+), steady employment 12+ months, and clean prior FTA history.
Notes
Typical on second-degree filings with a minor prior record or multiple counts.
Who Qualifies
Cosigner with limited credit history but strong income, or defendant with local ties and steady employment.
Notes
The usual starting tier for first-degree residential burglary with a strong cosigner.
Who Qualifies
No cosigner available, no credit, or a high-risk profile (prior FTA, out-of-state defendant, very high bail-to-income ratio).
Notes
Standard for residential burglary with a strike prior or bail above $150,000.
Benefits of Using Midnight on a Burglary
Why families across Southern California call us first on a burglary arrest.
Available 24/7 — Every Day of the Year
Arrests don't wait for business hours. Our phones are answered by a licensed California bail agent day or night, weekends and holidays included.
Bilingual Agents (English & Spanish)
Our agents handle intake, paperwork, and payment plan discussions in both English and Spanish so nothing gets lost in translation.
Honest Qualification Upfront
If something in the file takes you out of the lowest tier, we tell you before you sign — not after.
We Know the Degree Matters
We confirm whether the filing is first or second degree before quoting, because that single fact can cut your bail — and your down payment — in half.
Collateral Options on High Residential Bail
When residential bail runs into six figures, we structure property or vehicle collateral rather than turning the family away.
Who Qualifies (and Who Doesn't)
Straight talk on what gets a burglary bond approved at our lowest tier — and what moves it up.
What Helps You Qualify
- Second-degree (commercial) burglary filing rather than residential.
- Cosigner with verifiable income and 12+ months of steady employment.
- Cosigner credit generally 640 or higher for our lower tiers.
- Defendant with a local California address and no active warrants.
- No strike priors on the defendant's record.
What Moves You Up a Tier
- First-degree residential burglary — a strike offense.
- The home was occupied at the time of entry.
- Prior strike or prior burglary conviction.
- Multiple counts or co-defendants alleged.
- Prior failure to appear or bond forfeiture.
Residential burglary rarely writes at 1%, but it writes. Most families post the same day at 5%. Call and we'll tell you your exact tier before any paperwork moves.
Cases Approved for 1% Down
Second-degree filings with a clean record and a solid cosigner are our most common 1% burglary approvals.
Second-Degree Commercial Burglary
Entry into a store or business is a wobbler with the lowest burglary bail on the schedule.
- Non-residential structure
- Often filed as a misdemeanor
- Typical bail of $20,000–$35,000
Shoplifting-Adjacent Filings
Low-value commercial entries charged alongside petty theft are low forfeiture risk.
- Low alleged loss amount
- No forced entry
- Restitution readily available
No Prior Record
A first-time defendant with no strikes is the strongest underwriting profile on a burglary file.
- No prior convictions
- Not on probation or parole
- No prior FTA or forfeiture
Unoccupied Structure
When no one was home or on site, the bail schedule and the underwriting both come down.
- Structure unoccupied at the time
- No confrontation alleged
- No weapon involved
Qualified Homeowner Cosigner
A homeowner cosigner with strong credit is what unlocks our lowest tier on any burglary file.
- Credit score generally 700+
- Verifiable equity or long-term employment
- Clean prior FTA history
Cases at a Higher Tier
Residential and strike-exposed burglary filings carry higher bail and forfeiture risk, so they move to a 5% or 10% structure.
First-Degree Residential Burglary
Burglary of an inhabited dwelling is always a felony and always a strike.
- Inhabited dwelling entered
- Strike offense
- Bail commonly $50,000–$100,000+
Occupied Home at Time of Entry
When residents were present, courts treat the case as a violent-risk file and set bail accordingly.
- Occupants home during the entry
- Potential for added counts
- Substantially elevated bail
Strike Priors on Record
A prior serious or violent felony changes both the bail schedule and the financing available.
- Prior strike conviction
- Second-strike sentencing exposure
- Higher forfeiture risk in underwriting
Multiple Counts or a Burglary Series
A string of alleged entries stacks counts and pushes bail well past a single-count schedule.
- Multiple locations alleged
- Co-defendants named
- Aggregate bail across counts
No Cosigner or No Local Ties
An underwriting policy, not a criminal statute. Without a qualified cosigner or California ties, financed terms can't be approved.
- Out-of-state defendant
- No verifiable income
- No cosigner and no collateral available
Insurance Code §1800 governs the premium itself; financing eligibility is a separate approval decision made by the surety.
The Bail Process on a Burglary
From arrest to release, here's exactly what happens when you call Midnight Bail Bonds about a burglary.
Step 1: Arrest & Booking
The defendant is booked into the county jail and bail is set from the county bail schedule based on the degree filed under Penal Code §460 and any alleged priors.
Step 2: Call Midnight Bail Bonds
Call (909) 643-8359 with the defendant's full legal name, date of birth, and the arresting agency or jail. We locate them immediately and confirm the counts and bail amount.
Step 3: Qualification & Approval
We confirm the degree of burglary filed, check for strike priors, and verify the cosigner's credit and employment. Within minutes you'll know your exact down-payment tier.
Step 4: Bond Posted at the Jail
Once paperwork is signed and the down payment is received, a licensed Midnight agent posts the bond at the facility holding the defendant. Release processing typically takes 2–8 hours depending on the county.
Step 5: Payment Plan Begins
The financed balance is paid on the schedule you signed — weekly, biweekly, or monthly. No surprise fees, no ballooning interest. Miss a payment and we call you before anything escalates.
County bail schedule references: Riverside Superior Court · San Bernardino Superior Court · Los Angeles Superior Court · Orange County Superior Court.
What We Need When You Call
Having these details ready lets us qualify you for a down-payment tier in minutes. Missing something? Call anyway — we can often look it up.
Defendant's Full Legal Name
First, middle, and last as it appears on their ID. Nicknames slow the jail search.
Date of Birth
Prevents confusion when multiple people share the same name in the booking system.
City or County of Arrest
Tells us which jail to check first — Riverside, San Bernardino, LA, Orange, or San Diego.
Booking Number (If Available)
Not required, but if you have it, it speeds up locating the record considerably.
Cosigner Contact Info
Cosigner's name, phone, employer, and general credit range — this is what determines your financing terms.
Your Relationship to the Defendant
Family, friend, or coworker — helps us know who to loop in on updates and paperwork.
FAQs for Burglary Bail Bonds
The questions families ask most after a burglary arrest in Southern California.
Counties We Serve
Burglary bonds posted across all five Southern California counties we serve. Click your county for local jail and court details.
