Burglary occurs when a person breaks into a building, house, or vehicle without the owner’s permission with the intent to commit a crime there. People are punished for this offense because it impairs the victims’ safety and security. If you are charged with burglary, there is an urgent need to mount an effective and strategic defense immediately.
If either you or someone you love has been charged with burglary or is under investigation, do not talk to the police without an attorney. Contact CCLG: Los Angeles Criminal Attorney for legal help. We will build a strategic and dedicated defense to protect your rights and fight for the best possible outcome. Your future is our priority. But first, let us look at the offense in detail.
California’s Burglary Law Pen Code § 459
Per California Penal Code (PC) 459, burglary is the unlawful entry of a building or other structure with the intent to commit theft or any other felony. California’s statute broadened the crime from the historical common law offense. The focus shifted from breaking to the combination of unlawful entry and the intent to commit a crime.
Any person who enters an apartment, house-room, tenement, barn, warehouse, store, mill, shop, stable, outhouse, or other building, locked or sealed cargo container, vessel, tent, trailer coach, railroad car, or motor vehicle, with the intention to commit petit or grand larceny or any felony, is guilty of burglary.
The courts have interpreted Penal Code §459 as consisting of three essential elements that the prosecution must prove beyond a reasonable doubt.
Unlawful Entry (The Actus Reus)
The entry requirement is fulfilled if any part of your body intrudes beyond the structure line or if a tool is extended over the structure line. Most importantly, PC 459 does not have the “breaking and entering” element under common law. The entry must be unlawful. This occurs when:
- Entry is made without the owner’s consent
- Entry is gained by fraud or trickery
- You enter a public building like a store outside of the regular business hours or when you could legally enter, but at the time of entry, you had the necessary criminal intent.
Into a Specific Structure
The law does provide a complete list of premises that qualify. First, there are dwellings and vessels, which are first-degree burglary. Almost any other enclosure, such as vehicles or cargo containers, is the qualifying standard for either second-degree burglar. Whether the building was inhabited at the time of entry will significantly influence the categorization.
Specific Intent to Commit Theft or a Felony (The Mens Rea)
Mens rea is the most critical element. To be guilty of burglary in the first place, you must have formed the specific intent to commit a felony (any felony, like assault or rape) or any theft (grand or petty larceny) at the moment you enter the structure.
When you enter a space without any intention of committing a crime, as you are legally allowed to be there, but then afterward form the intent to steal or commit a felony, you are not committing burglary. This crime may be theft or trespass. Burglary is differentiated from lesser offenses due to the simultaneous occurrence of illegal entry and intent to commit a crime.
First Degree and Second Degree Burglary
Knowing the structure you supposedly entered is of utmost importance. Penal Code (PC) 460 defines burglary in two degrees. Therefore, this could significantly impact the severity of your sentencing. It does not matter how valuable what is stolen or the intent behind the taking, as long as it was a felony or theft. It all depends on the nature of the structure.
First-Degree Burglary (Residential – PC 460(a))
First-degree burglary is the most severe form of burglary. This type is classified under a qualified entry into an “inhabited dwelling house, vessel, floating home, or trailer coach.” The word “inhabited” is crucial. It means that the structure is presently being used for dwelling purposes. It also means that a human being does not have to occupy the structure at the time of entry. If the structure is being used as a residence, it still counts even if the residents are temporarily away on holiday or work.
First-degree burglary is a straight felony, and California’s Three Strikes law considers it a violent, serious felony. It means a conviction is a strike on your criminal record, significantly increasing the penalties for future felony convictions. If convicted, you could go to state prison for two, four, or six years. Since this offense concerns an invasion of a dwelling, it is favored by the courts for maximum punishment.
Second-Degree Burglary (Commercial/Other Structures – PC 460(b))
Second-degree burglary is any burglary that is not classified as first-degree burglary. Entering a commercial building such as a shop, office, warehouse, or factory. Or entering a non-inhabited building, like an empty storage unit. Also, it is entering a business while it is open to steal later.
Second-degree burglary can be charged as either a felony or a misdemeanor. It is an important distinction as it means that the prosecutor can charge the crime as a felony or a misdemeanor. The circumstances of the entry, the scope of the alleged theft, and your criminal history will all be considered.
Your life path is impacted by the degree of difference. A first-degree conviction earns you a strike on your record and requires a state prison term. If the conviction is reduced to a misdemeanor, it does not get a strike or state prison commitment. Your defense attorney often wants to challenge the “inhabited” status of the structure to lessen the charge from the serious first-degree burglary to the less serious and more negotiable second-degree charge.
What California Law Considers “Entry” in Burglary Cases
To satisfy the “unlawful entry” element of PC 459, it is not enough that you physically entered a building. It is a highly technical legal concept interpreted expansively by courts. According to state law, if any part of your body or any instrument you used penetrates the inner space of the structure, then it is defined as an entry.
Entry by Body Part
If any part of your body crosses the entrance threshold, a hand goes through an open window, a foot crosses into the doorway, or the tip of the finger pries open a seal, the entry element is legally complete. However, that intent should have existed at the moment of crossing.
Entry by Instrument (The Critical Nuance)
Where the instrumentality of the crime is invariably facilitated by the use of an object or tool, the law becomes critical in the defense. An instrument must serve one of two purposes, so that entry is constituted:
- To accomplish the intended crime inside — A fish net or a fish pole will be used to reach, hook, or pull an item out of the window. In this situation, the device becomes an extension of your body, meaning intrusion is the element completing entry.
- To gain access — If, for example, you use a crowbar or drill to break a lock or force a window open, and the implement is used merely to create an opening and then does not subsequently intrude for the purpose of committing the theft, courts may rule that entry has not occurred. The weapon must be used for the targeted criminal purpose inside the building, not just to gain entry.
Proving “Intent” Under California Burglary Statutes
Prosecution of a burglary case will have its highest hurdle in the element of specific intent, or mens rea, as it is often impossible to show what you were thinking at the precise time you entered the structure. The state must show that you had the intent to commit a felony or any theft when you entered. The essential element would not be satisfied if this intention were formed a few seconds later.
Since intent is mental, prosecutors virtually always rely on circumstantial evidence to meet the burden of proof. They will try to demonstrate that the only rational conclusion that can be drawn from the facts is as the state alleges. Common examples of circumstantial evidence used include:
- Possession of tools — If you were carrying tools, like pry bars or lock picks, the prosecutor will argue these tools show you had a plan to commit theft or some other felony beforehand.
- Method of entry — Forcible entry (like breaking a window or picking a lock) suggests intent instead of simply walking through an open door.
- Concealment — If you entered during the night, wore gloves or a mask when you entered, or hid immediately, these acts can be used as an explanation or inference of criminal purpose.
- Actions inside — If the first actions you made inside the structure were to grab valuables, the intent was there on entry.
- Flight and resistance — Your escaping from the spot or resisting arrest can be interpreted as the consciousness of guilt regarding the original intent of entry.
Penalties and Consequences of a Burglary Conviction
Penalties for a burglary conviction are incredibly severe. This is because authorities consider burglary an invasion of an individual’s security. If you are convicted of a felony burglary, it will change your life forever and have serious consequences beyond just imprisonment. Most importantly, it creates a serious criminal record that will affect every aspect of your life.
The amount of time you face behind bars depends only on the charge level under PC 460.
- Prison Term
First-Degree Burglary (Residential – PC 460(a))
An automatic straight felony conviction results in two, four, or six years in state prison. Furthermore, this sentence will be classified as a “violent felony” and a “serious felony.”
California’s Three Strikes Law also applies. This means that you will be immediately labeled as a Strike on your record. Getting a single strike conviction can double the punishment for any future felony conviction. Alternatively, you can also receive a mandatory minimum of 25 years to life for a third felony conviction.
Second-Degree Burglary
Second-degree burglary (PC 460(b)) is a wobbler offense, which is punishable in various ways. You could spend one year in county jail if you are charged and convicted of a misdemeanor.
If you are charged with or convicted of a felony, you will be sentenced to sixteen months, two years, or three years. These felony sentences are primarily served in county jail instead of state prison, per California’s Criminal Justice Realignment (PC 1170(h)). Nevertheless, the felony conviction still stands, as do its attendant consequences.
- Fines, Fees, and Restitution
Being convicted of a felony burglary can mean jail time, but you must also pay up to $10,000 in fines. Plus, there are penalty assessments, meaning the total cost can be much greater. The court will also order mandatory forfeitures and court costs.
If your case involves financial loss, the judge will order you to pay a restitution order, meaning you must repay the victim for any financial loss from the crime. A civil judgment resulting in a restitution order does not expire.
- Probation and Supervision
Instead of a prison sentence, the court can sentence you to felony formal probation for three to five years. Felony probation can be very intrusive. The defendant is typically required to meet with the probation officer regularly. The court usually orders various terms, including:
- Waivers regarding search and seizure
- Counseling
- Community service
If you violate any of the terms, the defendant will be at risk of felony probation violation. If you serve jail time, your release will be mandatory supervised or paroled.
The “Three Strikes” Impact
The most devastating long-term consequence is the strike designation for first-degree burglary. With this status, your sentencing options are going to be limited later. In other words, it makes a future court case much more serious.
Being convicted of a second-degree felony burglary is not a strike. However, it will still result in a felony record that will impact your employment prospects, housing eligibility, and gun rights.
Common Defenses Against Burglary Charges
A successful defense against California Penal Code 459 charges begins by rigorously scrutinizing every crime element. Attorneys must also simultaneously challenge the constitutionality of the evidence gathering. Since the viability of a defense entirely depends on the specific facts and evidence of your case, an experienced attorney will use any of the following defense strategies:
Challenging the Critical Element of Specific Intent (PC 459)
Burglary requires specific intent as detailed above. To secure a conviction, the prosecution has to prove beyond a reasonable doubt that you intended to commit a felony or theft at entry. Many successful defenses challenge this state of mind because the prosecutor must meet this high burden.
Your defense attorney could argue that the prosecution’s inferred intent is not reasonable because there are other innocent explanations. For example, a lawyer will claim you entered the building for a non-criminal reason, like:
- Seeking shelter
- Using the bathroom
- Retrieving a lost item
He/she will further assert that you only developed the intent to steal after you were in there.
Consequently, defenses like a mistake of fact (you believed you had permission to enter) or the narrow application of the claim of proper defense (you believed the property was your own) may show that the requisite criminal intent was absent from the start.
Furthermore, evidence of your voluntary intoxication may be introduced to show that you lacked the necessary mental capacity to form the requisite specific intent to commit the underlying felony or theft upon entry.
Challenging the Element of Entry (PC 459)
The definition of entry in physical and legal terms is very technical, and the accuracy of this definition enables the defense to challenge the prosecution’s case. Under the laws of California, when the prosecution relies on using an instrument like a tool, the defense can argue persuasively that the tool was only used to try to break the outer barrier and did not intrude into the inner space to facilitate the commission of the target crime. If the tool never crosses the imaginary plane to commit the act, the court may hold that only an attempt to commit burglary took place, carrying much lighter penalties.
The legality of the first entry will also be scrutinized. Your entry was lawful if you entered the commercial establishment during regular business hours. Hence, the prosecution will carry the heavier burden of proving that you had a specific intent to steal before the doors opened to the public. Successfully showing a valid or incomplete entry results in a downgrading of the crime, allowing for dismissal or a lesser charge, like criminal trespass.
Constitutional and Procedural Defenses
These procedural defenses assert that the police broke the law while investigating you. So, any evidence that was found after that was invalid. If the police stopped you or searched you without reasonable suspicion or probable cause (violating the Fourth Amendment), any evidence they obtained from that encounter, like tools, stolen goods, or statements, will be considered “fruit of the poisonous tree.”
Also, all statements you made while in custody and without being properly advised of your right to remain silent and your right to an attorney violate your Miranda rights. Likewise, if your confession was obtained through undue influence, threats, or force by the police, such a statement would be declared inadmissible. Hence, proper procedural defense ensures the case against you complies with the highest constitutional standards.
Identity and Factual Defenses
Factual defenses consist of the alibi defense. This defense proves that you were verifiably in another location when the burglary occurred. This defense often relies on evidence like witnesses, documents with timestamps, and cell phone records.
The mistaken identity defense also works quite effectively in reliable eyewitness testimony. The defense attorney could argue that the identification was made under stressful conditions, in poor lighting, or was otherwise unreliable, because law enforcement inappropriately influenced the witness, thereby creating a reasonable doubt as to the identity of the accused.
The complexities for burglary under PC 459 are unique. For instance, they narrowly define entry and impose a heavy burden of proving intent upon entry. Thus, a reasonable criminal defense attorney is essential. Only through detailed investigation and a robust legal challenge can the full range of available defenses be applied to protect you from the severe consequences outlined above.
Related California Crimes
Although all the above-mentioned crimes deal with an unlawful act or unlawful taking of property, California law differentiates them based on important factors. This includes place, force, and intent. The degree of these differences determines the level of charge and the punishment.
Burglary vs. Robbery (PC 211)
Burglary is a property crime. Under PC 459, it is defined as the unlawful entry of a structure with the intent to commit a crime. The key distinction from robbery (PC 211) is force or fear. Robbery is a crime against the person. It is the felonious taking of personal property in the possession of another, from his/her person or immediate presence, against his/her will. It must be done by means of force or fear.
Robbery is classified as a violent felony due to explicit confrontation and violence. Moreover, it carries far longer mandatory state prison sentences than first-degree burglary.
Burglary and Criminal Trespass
Burglary differs from criminal trespass in terms of intention. It is trespassing (PC 602) when a person enters or stays on private property without permission. Trespass only requires a general intent, an intent to do the act of entering. For burglary, the higher specific intent to commit a felony or theft must exist at entry. When the prosecution fails to establish pre-conceived criminal intent, the charge is reduced from burglary to the lesser charge of trespass.
Burglary vs. Larceny or Theft
Theft (grand theft or petty theft under 487/488 PC) is taking someone’s property without his/her consent. Larceny does not require the illegal entry into a structure as an element. Theft can be committed without any other action besides taking someone’s property, intending to deprive them of it permanently. Without the unlawful entry to steal property, theft charges will be made (a wobbler for grand theft, a misdemeanor for petty theft), but not burglary. This shows the profound legal significance of the “entry” element.
Find a Burglary Defense Attorney Near Me
Being charged with burglary is not simply theft. These charges involve complex elements of intent. They are quite serious and can carry serious consequences. The penalties for these charges can include lengthy periods of jail time. You could also receive a permanent criminal record for a burglary conviction. A complex legal defense will be required as the stakes are very high.
If you or a loved one is facing accusations of burglary, immediate, expert intervention is imperative. Contact CCLG: Los Angeles Criminal Attorney today at 323-922-3418 to secure dedicated, aggressive representation that understands the nuances of theft law.
