Burglary

In California, burglary charges are a serious matter — one that can put you behind bars and hurt your record forever.

You may face felony charges, which can come with penalties that can isolate you from your family and loved ones and leave you facing an extreme prison sentence.

That’s why it is essential to act now — before you are convicted.

If you have been accused of burglary, contact the attorneys at Elite Criminal Defense to learn more about your options to take action to mitigate harsh penalties that can alter your life.

How Does California Law Define Burglary?

California law defines burglary under California Penal Code Section 459. This section of the Penal Code states that burglary includes any unlawful entry into a residence or other building with the intent to commit theft (grand larceny or petit larceny) or a felony offense of any kind.

There are two types of burglary under California law:


The basic crime of burglary is a “wobbler” In California. That means it can be a felony or misdemeanor, depending on the nature of the incident.


For example, if you’re accused of first-degree burglary, you will be charged with a felony. But if you’re accused of second-degree burglary, you could be charged with a felony or misdemeanor.

Here is exactly how California law defines burglary:

“Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, “inhabited” means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.”

As you can see, that lengthy and somewhat confusing definition leaves a lot of room for ambiguity and misunderstandings. That’s why it can be so helpful to speak with a trusted California criminal defense lawyer about your unique situation.

Examples of Burglary

Accused of burglary but not sure whether your case fits the definition? Below are just a few samples of specific scenarios that could lead to burglary charges in California:

  • Kicking in the door of an apartment and stealing electronics
  • Entering a railroad car to take goods
  • Going into an unlocked home with the intent to murder the homeowner

If you have any questions about your burglary charges, do not hesitate to reach out to an attorney. A criminal defense lawyer can provide the tools and resources to take a closer look at your charges and build a strong defense.

intrusion of a burglar in a house inhabited

The details of your situation will determine the penalties you may face for burglary in California.

The fact that burglary may be either a misdemeanor or a felony makes it a “wobbler” crime. That means you may be facing misdemeanor charges, which may lead to time in county jail, or felony charges, which can leave you in state prison — all depending on the details of what you allegedly did.

The severity of your penalties may also depend on whether you are accused of committing a residential burglary, auto burglary, or commercial burglary.

Enhancements with California’s three strikes law can also impact your case. Under this law, your sentence may be significantly increased if you have been accused of other serious felonies, like sex crimes or other felonies causing great bodily injury to another person. You may need the legal advice of an attorney to overcome these severe sentences and protect your future.

First-Degree Burglary Penalties

First-degree burglary is a felony in California. Accordingly, the potential penalties are severe.

If you’re convicted, you may face the following penalties for first-degree burglary:

  • Fines of as much as $10,000
  • Two, four, or six years in prison
  • A combination of the two

On top of those penalties, you always face the non-criminal penalties like trouble securing employment and housing, as well as damage to your reputation.

Second-Degree Burglary Penalties

Second-degree burglary can be either a misdemeanor or felony. If you’re charged with the misdemeanor version, you may face lighter — but still quite serious — potential penalties.

Here’s the breakdown of the penalties for second-degree burglary in California:

  • Misdemeanor: A fine of up to $1,000, a year in county jail, and/or probation
  • Felony: A fine of up to $10,000; county jail time for 16 months, two years, or three years; and/or felony probation
What is the difference between first- and second-degree burglary?

In California, first-degree burglary refers to entering a residence with intent to steal or commit a felony, while second-degree burglary refers to entering other buildings with the intent to steal or commit a felony.

What counts as a ‘residence’?

A residence includes any inhabited building where someone may be living. That may include houses, boats or floating homes, trailer coaches, and other inhabited structures. Talk to your lawyer to determine whether the building in your case is defined as a residence.That often means there will be some physical signs of harm to the victim related to this charge. A black eye, bruises, lacerations, broken bones, and more may be evidence against you.

What is the difference between burglary and shoplifting?

Shoplifting involves some of the same elements of burglary but is a distinct charge. You can be charged with shoplifting in California for entering an open business with the intent to steal items for sale that are worth less than $950 total.

What is the difference between robbery and burglary?

Robbery and burglary differ because one is considered a violent crime, and the other a property crime. Burglary includes illegal entry into a residence or building with the intent to commit theft or a felony, while robbery involves directly committing that crime against another person.

Is burglary the same thing as ‘breaking and entering’?

Breaking and entering is often a part of burglary offenses, as burglary involves illegal entry into a building. However, breaking and entering is not a required element in order for you to be charged with burglary in California.

What does it mean to ‘enter’ a structure?

In the context of burglary, to enter a structure means to find a way into a structure and to stay there while intending to commit a crime there.

What is the difference between larceny vs. burglary?

Larceny differs from burglary because larceny is simply the act of theft while burglary is the act of entering a premises to commit theft or a felony. The theft — or larceny — doesn’t actually have to take place in order for you be charged with burglary under PC 459.


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