Burglary has a long history as a crime. It was one of the original felonies under English common law before the U.S. was even founded. Since the nation’s birth, burglary charges have carried severe penalties, including lengthy imprisonment.
Originally, burglary only occurred when someone entered a dwelling. This definition has expanded to include entering vehicles, tents, and commercial establishments.
Although commercial burglary qualifies as a crime, it’s treated differently from residential burglary under California law. Either way, you face the prospect of imprisonment for either charge without a strong criminal defense strategy.
Understanding Burglary Under California Law
Burglary occurs when someone enters a structure with the intent to commit theft or a felony. The specific structures identified in the California burglary statute include the following:
- House or apartment
- Room
- Tenement
- Warehouse or mill
- Store or shop
- Stable or barn
- Outbuilding
- Vessel, including a houseboat
- Train car
- Secured shipping container
- Motorhome
- Tent, camper, or camping trailer
- Locked motor vehicle
- Airplane
- Underground mine
Entering these structures qualifies as burglary, while gaining illegal access to any other structures or premises, such as a vacant lot, might be treated as trespassing rather than burglary.
The elements of burglary charges include knowingly entering a residential or commercial structure and the intent to commit grand or petit larceny or a felony.
Therefore, contrary to common belief, burglary charges do not require theft. Entering one of the listed structures with the criminal intent to commit any other felony, such as a sexual assault or homicide, is also considered burglary.
While residential and commercial burglary offenses fall under the same statute, these crimes differ from each other in several ways.
Residential Burglary in California: Definition and Consequences
California defines residential burglary as taking place when someone enters any of the following:
- Houses
- Building areas meant for habitation, such as an apartment over a store
- Camping trailers (excluding cargo trailers)
- Vessels intended as residences, such as houseboats
Inhabited means the structure is used for “dwelling purposes,” regardless of whether the resident is present during the alleged burglary.
As such, someone who surveils a home and breaks in while the residents are at work still commits a burglary. Importantly, homes, trailers, vessels, and portions of buildings evacuated for natural disasters, such as an earthquake or fire, are still considered inhabited.
The California Health and Safety Code defines motel and hotel rooms as residential dwellings. That means someone who breaks into a hotel room could face penalties for residential burglary rather than commercial.
Although burglary is called “breaking and entering,” residential burglary doesn’t require the accused to break in. A prosecutor can file burglary charges if the accused entered an inhabited dwelling through an unlocked door or open window.
Commercial Burglary in California
Burglary also covers any entry into any other non-residential structures, including a shop, store, warehouse, or other structure not used as a dwelling, with the intent to commit a felony.
California doesn’t use the term “commercial” to refer to these burglaries; instead, it distinguishes them from residential burglaries by referring to them as “all other kinds of burglary.”
Notably, the California penal code excludes two other offenses from its definition of non-residential burglaries.
Entering a commercial establishment with the intent to commit a larceny of goods worth less than $950 is shoplifting. Entering an evacuated commercial structure to commit theft during a natural or other disaster, like a fire, is looting. Neither of these offenses is punishable as a commercial burglary.
Key Differences Between Commercial and Residential Burglary
The main differences between commercial and residential burglary can be summed up by the following points:
Classifications of Residential and Commercial Burglary
The law protects the sanctity of the home by punishing residential burglaries much more severely than commercial ones. A burglary committed in a dwelling or residence is classified as first-degree burglary, while one committed against a non-residential property is classified as second-degree burglary.
Penalties for Residential Burglary vs. Commercial Burglary
The punishment you might receive for a burglary offense depends on whether prosecutors charge you with residential or commercial burglary.
A first-degree burglary is punishable by imprisonment in the state prison for two, four, or six years. Those convicted of this offense are also presumed to be ineligible for probation except in “unusual cases.” Consequently, you will probably serve at least some time in prison for burgling a residence.
The law significantly increases penalties for second-degree burglary convictions. Second-degree burglary is punishable by imprisonment in a county jail for up to one year. Stated differently, the minimum punishment for breaking into a residence is two years, or double the maximum punishment for breaking into a store or warehouse.
Three-Strikes Law: Commercial Burglary Compared to Residential Burglary
Another example of how residential burglary in California differs from commercial burglary is its treatment under the state’s repeat offender law, also known as the “three-strikes law.”
California counts first-degree burglary convictions as a strike under the law. Offenders with three violent felony convictions face a minimum sentence of 25 years to life in prison. The state doesn’t count second-degree offenses toward its three-strikes law.
Therefore, offenders with two prior violent felony convictions risk enhanced penalties for first-degree burglary even if they only intended to commit petty theft. Conversely, breaking into an office building is punishable by up to a year in county jail, even if the intended crime was grand theft.
How an Elite Criminal Defense Attorney Can Help With Commercial Burglary Charges
Depending on the circumstances, an experienced criminal defense attorney can raise several defenses to your burglary charges, including the following:
No Entry
Burglary requires entry into a structure — simply loitering on or wandering around the surrounding property isn’t burglary. If you only trespassed on the land, you didn’t commit a burglary.
No Intent to Commit a Felony or Larceny
Prosecutors must prove that you intended to commit larceny or a felony after breaking in. If the prosecution has no evidence of your intent, or you can rebut their allegations, your criminal defense attorney can assert that you didn’t commit a burglary.
For example, suppose that you were homeless and you only broke into a building to warm up and sleep. Your lawyer could defend you by pointing to your lack of intent to commit a felony inside the building.
Moreover, second-degree burglary charges don’t include activities classified as shoplifting as defined by the California Penal Code. If you entered a shop while it was open and took property that was worth less than $950, you may have only committed a shoplifting misdemeanor.
Not a Listed Structure
California’s burglary statute lists several structures where burglary can occur. It also implicitly excludes certain structures, such as unlocked motor vehicles and unsecured shipping containers. If you’re accused of entering any of these structures, you may have a viable defense.
Similarly, breaking into a hotel room may qualify as first-degree burglary, but breaking into a hotel office is second-degree burglary.
You might defend against the harsher penalties for a first-degree residential burglary by highlighting a key difference between commercial burglary and residential burglary and pointing out that your case only involves a non-residential property.
Contact Elite Criminal Defense for Help With Your Commercial Burglary Charges
Under the legal definition of California burglary, commercial vs. residential charges differ considerably. However, you could face imprisonment even for less serious second-degree commercial burglary charges.
With your freedom at stake, you need a proven defense attorney you can trust. Contact us to discuss your charges of commercial burglary, California laws that apply to your situation, and how we can help you achieve a positive outcome in your case.
