Burglary PC 459

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:

• First-degree burglary: When you’re accused of burglary involving a residential building like a home or apartment
• Second-degree burglary: When you’re accused of burglary involving a commercial building or other structure

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.

Penal Code § 459 PC – Specific Definition

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.

Legal Defenses for Burglary

You do not have to simply accept the charges and face a conviction when you are accused of burglary. You can build a strong defense to fight your charges. In fact, it’s your legal right to do so.

Common burglary defenses include the following:

• You did not actually enter the building you are accused of burgling
• You had no intent to commit a crime upon lawfully entering the premises
• You took items but believed they were yours

However, the specific legal defense for your burglary charges depends on your case’s specifics. If you are unsure what defense strategy is best for your case, contact an attorney and determine your options for potentially reducing or avoiding the penalties for burglary.

Let’s take a closer look at some particular defenses or facts that may help you fight your burglary charge in California.

Lack of Intent

When accused of burglary, one of the more common defenses is a lack of intent. For example, you may not have entered the structure intending to commit a crime. You may have mistakenly entered the wrong residence, thinking you were entering your home. Proving you never intended to take anything or otherwise commit a felony can reduce the penalties you’re facing.

Mistake of Fact

Sometimes, the facts are simply incorrect. For example, you may be accused of auto burglary because the prosecution claims you committed forced entry on a locked vehicle. You may argue, however, that the vehicle was not locked at all.

Factual Innocence

In some cases, one of the best ways to keep your criminal record clean is to show that you did not commit the crime. For example, you may be accused of entering a commercial structure using a crowbar and taking things, leading to penalties under California burglary law. That may lead to a felony burglary charge, but you and your lawyer may argue this is not what happened.

You may have an alibi, for example, that shows you were elsewhere when this felony crime was being committed. Security footage, the word of others, or even other criminal charges, like a DUI, can show you were elsewhere and could not have possibly committed the crime.

Police Misconduct

While law enforcement should keep the peace and ensure criminal offenders are stopped and caught, you may find you were a victim instead. Police entrapment, for example, happens when the police manipulate you into breaking the law when you otherwise wouldn’t have.

If this is relevant to your case, a criminal defense law firm can help you demonstrate that you were entrapped or otherwise the victim of police misconduct.

Burglary is related to a few different offenses that can add to your sentence if you are charged with both, as well as offenses that may have a lighter sentence.

Your attorney can help you navigate any of these criminal offenses and take action when you are accused of committing a crime.

Possession of Burglary Tools – California Penal Code Section 466 PC

Having burglary tools in your possession with the intent to break into a residence or otherwise commit a felony is a criminal charge in and of itself in California. Burglary tools include anything that may be used to break and enter. That includes crowbars, screwdrivers, and anything used to pick locks.

Robbery – California Penal Code Section 211 PC

Burglary and robbery are often confused, but they’re not the same thing. Robbery is another crime that revolves around theft, but robbery is about taking property directly from someone by violence or the threat of potential violence (or having the intent to do so).

Unlike burglary, robbery is always a felony in California.

Grand Theft – California Penal Code Section 487 PC

Grand theft is the theft of any property worth more than $950 in California. This charge covers the theft of a specific dollar amount’s worth of goods or cash, and it may also include taking a motor vehicle or a firearm.

Petty Theft – California Penal Code Section 484 PC

Petty theft includes stealing goods or money worth $950 or less. Anything not included under grand theft may count as petty theft.

Forgery – California Penal Code Section 470 PC

In California, forgery is when you use, alter, or create a document with the intent to defraud someone.

How is that related to burglary? Because you can be charged with burglary for entering a store or bank with the intent to commit felony forgery — for example, forging a check at a local bank.

Burglary of a Safe or Vault/ with Explosives – California Penal Code Section 464 PC

Using explosives to steal from a safe or vault can lead to a felony conviction. Using explosives or torches to open a vault can endanger people, which is in part why this charge is always a felony, rather than a wobbler, under California law.

Trespassing – California Penal Code Section 602 PC

Trespassing covers cases where someone enters or remains on another person’s property without permission from the owner. While trespass is about whether you have permission to be on the premises, burglary is about what you intend to do on the premises, regardless of whether you have permission to be there.