Understanding First-Degree Burglary: PC 460(a) Bail in Sierra County

When someone hears “Penal Code 460(a),” they sometimes assume it means Robbery—but in California, PC 460(a) is actually first-degree burglary, usually tied to entering an inhabited dwelling with criminal intent. Robbery is a different charge under Penal Code 211 and involves taking property from a person using force or fear. FindLaw Codes+1

If a Felony burglary allegation leads to an Arrest in Downieville or elsewhere in Sierra County, families often need fast, clear answers: What does the charge mean? What happens next? Where will they be held? Is bail possible? This blog explains PC 460(a), how it differs from robbery, what the early process can look like locally, and how a Bail Bondsmancan help with a Bailbond when time matters.

Note: This is general information, not legal advice. If you or a loved one is facing charges, talk to a qualified California criminal defense attorney as soon as possible.

What Is California Penal Code 460(a)?

Penal Code 460(a) defines first-degree burglary as every burglary of an inhabited dwelling house (and certain other inhabited living spaces like specified vessels, floating homes, trailer coaches, or the inhabited portion of a building). FindLaw Codes

In plain English: first-degree burglary is about unlawfully entering a place where people live (or are living) with the intent to commit theft or another felony. The law treats this as more serious than commercial burglary because homes are where people are most vulnerable.

What does “inhabited” mean?

“Inhabited” generally means the place is currently used as a dwelling—even if nobody is home at the exact moment. That’s part of what makes this charge a high-stakes felony right from the beginning. FindLaw Codes+1

Why People Confuse Burglary With Robbery (And Why It Matters)

It’s easy to mix these up because both can involve theft and both can be felonies. But legally, they’re very different:

Burglary (PC 459 / 460)

Burglary is primarily an entry + intent crime. California defines burglary as entering a structure (including a residence or business) with the intent to commit theft or any felony inside. Shouse Law Group
Then PC 460 is what separates burglary into first degree (inhabited dwelling) vs second degree (all other types). FindLaw Codes

Robbery (PC 211)

Robbery is a person-to-person taking. California defines robbery as taking personal property from someone’s person or immediate presence, against their will, accomplished by force or fear. FindLaw Codes

Why that difference matters:

• You can be accused of burglary even if no one is home (if it’s an inhabited residence).

• You can be accused of robbery even if there is no “break-in,” because the focus is force/fear used against a person.

Sometimes one incident can lead to multiple charges (for example, entering a home and then confronting a resident). That’s why the exact charge language matters.

What the Prosecution Generally Tries to Prove in a PC 460(a) Case

In most first-degree burglary cases, the core issues center around:

1. Entry
   Even minimal entry can count—crossing a threshold may be enough in many situations.

2. The place was an inhabited dwelling
   A house, apartment, or other living space protected under PC 460(a). FindLaw Codes

3. Intent at the time of entry
   Burglary often comes down to whether the person intended to commit theft or a felony when they entered. Shouse Law Group
   This is a big reason burglary cases can be highly fact-dependent: intent is usually proven through circumstances (statements, behavior, evidence found, etc.).

Penalties for First-Degree Burglary (PC 460(a))

First-degree burglary is treated as a serious felony in California. The punishment for first-degree burglary is 2, 4, or 6 years in state prison under Penal Code 461(a). Justia

Beyond incarceration, a felony conviction can come with long-term consequences, such as:

• restrictions on where you can live or work

• loss of firearm rights

• immigration consequences for non-citizens

• probation/parole conditions

• lasting impact on employment and housing

Because consequences can be life-changing, families should take the charge seriously from day one.

What Happens After an Arrest in Downieville or Sierra County

An Arrest for a Felony burglary charge can feel like instant chaos for families. In a rural county like Sierra County, logistics matter because custody services may involve cooperation with neighboring counties.

Sierra County contracts with Nevada County for jail services

Sierra County’s own information notes that Sierra County contracts with Nevada County for jail services, and lists its Temporary Holding Facility in Downieville. Sierra County

That means a person arrested in Sierra County may be temporarily held locally, but custody and housing can involve the Nevada County Sheriff and Nevada County facilities, depending on the circumstances.

Nevada County custody resources

Nevada County provides a public “Search for an Incarcerated Person” page and notes it operates two correctional facilities: the Wayne Brown Correctional Facility in Nevada City and a Truckee facility used for temporary housing. Nevada County

Practical takeaway for families:
If you’re trying to locate someone after an arrest in the Downieville/Sierra County area, you may need to check custody information connected to Nevada County Sheriff resources due to the contracted jail services arrangement. Sierra County+1

Is Bail Possible for PC 460(a) (First-Degree Burglary)?

Often, yes, bail may be possible—but it depends on the facts of the case, criminal history, any alleged threats, and whether the court believes there is a public safety risk.

In cases involving home entry allegations, judges can be cautious. Courts may also impose strict release conditions such as:

• stay-away orders from certain locations

• no-contact orders

• travel restrictions

• compliance check-ins

If bail is set, families usually choose one of two paths:

Option A: Post the full bail amount

This typically means paying the entire amount to the court (or via an approved process). If the defendant appears as required, bail may be eligible to be returned later—subject to court rules and timelines.

Option B: Use a Bailbond through a Bail Bondsman

A Bailbond is commonly used when bail is too high for a family to pay in full. A Bail Bondsman posts the bond that guarantees the bail to the court, while the family pays the bond premium.

When a loved one is sitting in custody, this option can help families act quickly while keeping finances more manageable.

What to Do If a Loved One Is Arrested for PC 460(a)

If your family is dealing with a felony burglary arrest connected to Downieville, Sierra County, or the Nevada County Sheriff system, these steps can help:

1. Confirm where the person is being held
   Because Sierra County contracts for jail services, custody may involve Nevada County resources. Sierra County+1

2. Find out the bail amount (if listed) and whether there are any holds
   Sometimes release is delayed by holds, court timing, or conditions.

3. Contact a defense attorney early
   The early phase matters—especially in felony cases.

4. If bail is set, talk to a Bail Bondsman
   A reputable bondsman can explain the Bailbond process, what documents you’ll need, and how quickly release may be possible.

Q&A: California PC 460(a), Burglary vs. Robbery, and Bail

1) Is Penal Code 460(a) robbery?

No. PC 460(a) is first-degree burglary (burglary of an inhabited dwelling). Robbery is defined separately under PC 211and involves taking property from a person by force or fear. FindLaw Codes+1

2) What makes burglary “first degree” in California?

Burglary becomes first degree when it involves an inhabited dwelling house (or similar inhabited living spaces listed in PC 460). FindLaw Codes

3) What prison time can first-degree burglary carry?

Under Penal Code 461(a), first-degree burglary is punishable by 2, 4, or 6 years in state prison. Justia

4) If the arrest happened in Sierra County, why is Nevada County Sheriff mentioned?

Sierra County’s published information states the county contracts with Nevada County for jail services, meaning custody and housing may involve Nevada County facilities and Nevada County Sheriff resources. Sierra County+1

5) What is a bail bond (Bailbond), and how can a Bail Bondsman help?

A Bailbond is a way to secure release when bail is set, without paying the full bail amount upfront. A Bail Bondsmanposts the bond to the court, and the family pays the bond premium—helping speed up release while keeping costs more manageable.

What Makes Bail House Bail Bonds Stand Out (Sierra County / Nevada County Area)

When families call a bail agency after a felony burglary or alleged “robbery-type” incident, they’re usually stressed, confused, and trying to move quickly without making mistakes. That’s exactly when the right support matters.

Here’s what families typically value—and what Bail House Bail Bonds focuses on:

• Clear guidance in stressful moments: You get practical steps explained in plain language—no jargon, no runaround.

• Speed and responsiveness: Arrests don’t happen on a schedule, and families often need help right away.

• Respect and confidentiality: These situations are personal and sensitive. You deserve discretion.

• Experience with real-world logistics: Rural county situations can involve multiple agencies and facilities. Bail House Bail Bonds helps families understand what to do next and where to look.

• A steady hand through the Bailbond process: From paperwork to expectations, you’re not left guessing.

If you need a Bailbond after an Arrest involving a Felony charge in the Downieville/Sierra County area, Bail House Bail Bonds can help you navigate the process with urgency and clarity.