PC 459 Burglary
The crime of burglary is covered under California Penal Code Section 459 and is commonly called “breaking and entering.” In basic terms, the crime of burglary is described as the entering someone else’s residential or commercial structure with a specific intent to commit theft or any felony.
This code section includes the theft crime of auto burglary. The level and punishment for a burglary charge will depend on many factors, which on include your prior criminal history, the type of structure you entered, what conduct allegedly happened inside the structure and it does not require that you stole something after entry. Again, it’s a crime to just to make entry when your intent is to steal. Burglary can be charged as either a misdemeanor or felony crime.
A first-degree burglary of a residence is always a felony offense and a strike under California’s three strikes law. A second-degree burglary is known as a “wobbler,” meaning it can be charged a misdemeanor or felony, which is typically based on the value of property. If you have been accused of burglary, you should not make any statements to police as you might incriminate yourself.
Legal Definition of Burglary?
California Penal Code Section 459 legally defines the crime of burglary as follows: Any person who enters a house, apartment, store or structure or building, with the intent to commit a theft or any felony therein.
As you can see above, “entry” and “intent” are the key elements of a burglary crime. You “enter” a building when any portion of your body crosses the building’s boundary. This would also include any tool you may have used to reach inside.
Residential Burglary
Residential burglary is a commonly known as “first-degree burglary” and always a felony offense with harsh legal consequences. The primary difference from commercial burglary is a residential burglary is committed in an inhabited structure or dwelling, meaning it can be another person's residence, even if it is not occupied. The legal punishment for a residential burglary conviction will depend on whether the home owner was there at the time of the burglary.
Commercial Burglary
Commercial burglary is commonly known as a ‘second-degree burglary” and a “wobbler” that can be charged as either a misdemeanor or felony crime. Commercial burglary is charged when you enter a commercial structure with the intent to commit theft or a felony. The prosecutor has the discretion to charge the case as a misdemeanor or felony. They will typically make this decision based on your prior criminal history and the value of the items you attempted to steal.
Legal Penalties for Burglary
If you are convicted of felony first-degree burglary under California Penal Code Section 459, you could face the following legal penalties:
Two, four, or six years in a California state prison
A fine up to $10,000
Both prison and fine
Formal felony probation
A “strike” under California’s three strike law
If you are convicted of second-degree burglary under California Penal Code Section 459 as a felony. you could face the following legal penalties:
16 months, two or three years in jail
A fine up to $10,000
Formal felony probation
If you are convicted a misdemeanor second-degree burglary, you could face the following legal penalties:
Up to 1 year in a jail
A fine up to $10,000
Summary misdemeanor probation
Legal Defenses for Burglary
The Law Offices of Natalio Pereira can put forth a variety of defenses to help you fight your burglary charges. It’s critical to note that every burglary case has its own set of unique circumstances and evidence and will first require a thorough review of all the details to formulate a strategy to obtain the best possible outcome. The most common legal defenses against charges of burglary under California Penal Code Section 459 include the following:
Lack of Intent – Burglary, it requires that you had “intent” to steal something at the moment you entered the structure. In fact, intent is an important element of the crime. Many times, we are able to challenge the prosecutor’s argument you had intent to steal as it must be proven beyond reasonable doubt.
No Entry – You must have crossed some boundary of the structure to be charged with burglary. This crossing could include a part of your body or even an object. In some cases, we might be able to make an argument you didn’t cross a boundary of the property and thus can’t be guilty of burglary.
Claim of Right – You can’t be guilty of PC 459 burglary if you entered someone’s home to take possession of property you reasonably believed you owned. However, we must be able to show you had a reasonable belief it was your property or you believed you had permission to take the property.
For more information, if you or a loved one are facing Burglary charges, please contact the attorneys at the Law Offices of Natalio Pereira today. Your defense starts now! Call (800) 926-1852 immediately, we have lawyer offices near you.