Entering a place of residence, commercial structure or locked vehicle with the intent to commit a crime constitutes burglary under California Penal Code 459 PC.
Burglary can be charged as a felony or misdemeanor criminal offense, depending on the facts of the case, and may result in fines and incarceration.
If you are facing burglary charges in the state of California, it’s important that you hire a criminal defense lawyer who can represent you. The Helfend Law Group can inform you of your legal options and assist you in fighting charges of burglary and related crimes.
The elements of burglary under 459 PC
For you to be found guilty of burglary under California Penal Code 459 PC, the state prosecutor must prove the following elements of the crime, beyond a reasonable doubt:
- You entered a residential or commercial structure, a room within a structure, or a locked vehicle,
- You entered the structure or locked vehicle with the specific intent to commit a theft or a felony crime, and
- One or more of the following is also true:
- If you intended to steal property, the value of the property was more than $950,
- The building you entered was a residential or non-commercial establishment, or
- If you did enter a commercial establishment, it was outside of business hours
It is important to note that you only need to have intended to commit a theft or felony crime upon entering the structure to be found guilty of burglary, not to have successfully completed the intended crime. If, on the other hand, you entered a structure with no intention of committing a felony or theft, you haven’t committed burglary, though you could potentially be guilty of another offense, such as vandalism or trespass.
In California, Penal Code 459 PC is charged as either first-degree burglary or second-degree burglary. First-degree burglary is the burglary of a residence, whereas burglary of any other type of structure constitutes second-degree burglary.
How is “entering” a structure legally defined?
“Entering” a structure is defined under California Penal Code Section 459 PC as the penetration of an area inside a building’s outer boundary by part of your body or an object under your control.
Entry does not need to be forced for burglary to have occurred, except in auto burglary cases. The outer boundary of a structure could include a window, screen, door, wall or a balcony above the first floor.
Penal Code 459 PC also broadly defines the work “structure” to include homes and buildings as well as vehicles, sheds, garages, warehouses, animal pens, vendor stands, railroad cars and fenced loading docks, and, therefore, covers both residential burglary and commercial burglary.
California burglary penalties
A violation of Penal Code 459 PC can lead to either misdemeanor charges or felony charges, depending on the circumstances of the crime. Penalties for committing burglary vary based on whether the charges are for first- or second-degree burglary.
First-degree burglary
First-degree burglary is a felony in the state of California. Potential penalties may include:
- Two, four, or six years in California state prison
- A “strike” on your criminal record (under California’s Three Strikes Law)
- Up to $10,000 in fines, and/or
- Felony probation
Sentencing may vary depending on the defendant’s track record, the age or disability status of the victim, and mitigating circumstances.
Second-degree burglary
Second-degree burglary is a “wobbler” offense, which means that the prosecutor can choose to charge it as either a misdemeanor or a felony, depending on the circumstances of the case. If charged as a misdemeanor, potential penalties include:
- Up to one year in county jail,
- Up to $10,000 in fines, and/or
- Misdemeanor probation
penalties for a felony conviction of second-degree burglary may include:
- Up to one year in county jail
- Up to $1,000 in fines, and/or
- Misdemeanor probation
Based on the unique facts of a case or the defendant’s history or circumstances, a judge may issue additional or alternative penalties such as restitution to the victim, theft counseling, or community service. The court may also issue a restraining order preventing a defendant from entering an establishment that they’ve been convicted of burglarizing.
According to California Law, Burglary with the intent to commit a sexual assault is a felony crime that is typically charged under its own Penal Code 667.61(d)(4). Penalties include a maximum sentence of 15 years to life and registration as a California sex offender.
Related offenses
There are several California theft crimes related to Penal Code 459 PC. The most closely related offenses are:
- Robbery – Penal Code 211 PC
- Shoplifting – Penal Code 459.5 PC
- Burglary of a safe or vault – Penal Code 464 PC
- Possession of burglary tools – Penal Code 466 PC
- Forgery – Penal Code 470 PC
- Petty Theft – Penal Code 484 PC
- Grand Theft – Penal Code 487 PC
- Receiving Stolen Property – Penal Code 496(a) PC
- Embezzlement – Penal Code 503 PC
- Trespass – Penal Code 602 PC
- Burglary with the intent to commit a sexual assault – Penal Code 667.61(d)(4)
Legal defenses against burglary charges
There are numerous legal defense options available to fight against burglary charges. A California criminal defense lawyer can review the facts of your case and determine which defense strategy is likely to get you the best possible outcome. Some of the most common defenses against Penal Code 459 PC allegations are:
Lack of intent
In order to be found guilty of burglary you must have had specific intent to enter a building, structure, or vehicle, as well as intent to commit theft or a felony crime once inside. You must also have intended to commit the theft or felony prior to entering the structure.
Mistaken identity
If you’ve been mistakenly identified or falsely accused of committing a burglary, then your best legal defense option may be to find evidence to demonstrate that you were wrongly arrested. Exonerating evidence may include video surveillance footage (such as video doorbell footage), eyewitness testimony, or GPS records.
Mistake of fact
If you enter another person’s home with the intent to take something that you believed belonged to you or that you thought you had permission to take, then you are not guilty of burglary by mistake of fact, otherwise knowns as “claim of right.”
Police misconduct
If your legal rights were violated by law enforcement, then you may be able to have your charges dismissed or you may be found not guilty of committing burglary. Examples of misconduct include coercing a confession, planting evidence, leading witnesses, or illegal search and seizure, or police officers failing to read you your miranda rights.
Los Angeles burglary attorney
If you or someone you love has been charged with burglary, it’s important that you contact an experienced Los Angeles criminal defense attorney who can assist you with your criminal case. The Helfend Law Group provides expert defense for clients facing serious criminal charges such as burglary, violent crimes, DUI, and other California state and federal offenses.
Los Angeles criminal defense lawyer Robert M. Helfend has been providing legal representation to clients in southern California for more than four decades. He has been recognized for his extensive legal knowledge and expertise by Lead Counsel, SuperLawyers, and the National Trial Lawyers top 100. We can provide you with the aggressive legal defense and dedicated support that you need. Call us today for a free initial consultation – 800-834-6434.
Published January 22, 2013. Updated December 9, 2024.