According to Penal Code 459 (PC 459), you commit burglary when you enter a room, building, or locked vehicle to steal property. A common misconception is that forced entry is required. However, entering through an unlocked door with criminal intent can still lead to a conviction. The key issue in these cases is determining the defendant’s intent at the exact moment of entry. Since intent is usually inferred, prosecutors often rely on circumstantial evidence. However, this evidence can be challenged with the appropriate legal strategy. Being charged does not necessarily imply conviction, and a scrutiny of the evidence can make a big difference. At Leah Legal Criminal Defense Attorney, our criminal defense lawyers in Los Angeles are ready to provide strategic defense to protect your rights and secure the most favorable result for your case.

An Overview of Burglary (PC 459)

An accusation of California Penal Code 459 is a vaguely defined crime that the prosecution should demonstrate beyond a reasonable doubt. The elements that the prosecution should prove to secure a conviction include:

• Access to a Structure. This may be a building, a room in a building, or a locked vehicle.
• Knowledge at the Time of Entry: The person should have known that they were committing grand theft, petty theft, or any felony at the time of entry.
• You had the Intent to Steal. Burglary is deemed committed when an individual enters a structure with the necessary intent, even if no crime is actually committed. For example, if you enter a store with the intention to steal, coming out with nothing can still be considered burglary.

Because intent exists in the mind, prosecutors often rely on circumstantial evidence to prove it. This can include a person’s actions before and after entry, possession of tools such as crowbars or lock-picking devices, and any statements suggesting a plan or criminal purpose.

The definition of a structure is also quite general and covers the following:

• Houses
• Enterprises
• Apartments
• Warehouses
• Tents
• Ships

The breadth of this definition suggests that burglary charges may be brought in various circumstances, and it is necessary to understand the law properly.

What Qualifies as Entry Under PC 459

One of the most widespread myths is that burglary requires forced entry, meaning breaking a window or a door. However, California law does not require the use of force or even unlawful entry.

Simply walking through an open door in a public place can qualify as burglary if there is criminal intent at the time. The legal threshold for entry is very low; any part of the body, or even an object under a person’s control, crossing the building’s outer boundary is enough.

As an example, using a tool to reach through an open window to obtain something meets the entry requirement. The boundary includes windows, doors, and other exterior parts of a structure.

The law is more specific in the case of vehicles: they should be locked. In most cases, reaching into an open truck bed is not considered, whereas breaking into a locked vehicle by smashing a window is. Due to the ease with which this requirement can be met, most legal disputes center on proving intent rather than entry.

Understanding Intent at the Moment of Entry

The most crucial aspect of a burglary case is usually the intent at the time of entry. According to Penal Code 459, the intent to steal or commit a felony should be present at the time of entry. This rule of entry distinguishes burglary from other crimes. For example, when an individual enters a home with a legitimate purpose and later decides to steal, this may constitute theft rather than burglary.

This difference is essential, as burglary is usually punished more harshly. However, establishing the time of intent formation may not be easy, which presents a strong defense. The prosecution’s case may be undermined if there is evidence that the entry was lawful or that the intent to commit a crime formed later. Moreover, the targeted crime need not be theft; entering the premises with the intent to commit any felony, such as robbery, assault, or vandalism, may also constitute burglary.

The Differences Between First-Degree and Second-Degree Burglary

California law divides burglary into two degrees, primarily depending on the nature of the structure. This difference is vital, as it determines the extent of punishment and the future consequences of your criminal record.

First-degree burglary involves entry into an inhabited dwelling, which is a place of residence at the time of the entry. Whether someone is at home when entering does not matter; as long as people live there, it is considered inhabited. This category comprises houses, apartments, guest houses, hotel rooms, and even houseboats.

Commercial burglary, also known as second-degree burglary, includes all other structures that are not residential. This includes stores, offices, warehouses, and locked vehicles. Second-degree burglary is not as harshly punished as first-degree burglary, since it does not involve entering an inhabited area.

One of the major differences is that second-degree burglary is usually a wobbler, which is a crime that can be prosecuted as a misdemeanor or a felony depending on the situation. First-degree burglary, on the other hand, is a felony that is always punishable and is usually subject to harsher penalties, such as possible prison time. It is crucial to understand the extent of the charge to assess the severity of the case.

First-Degree Residential Burglary and the Three Strikes Law

First-degree residential burglary is regarded as one of the most serious crimes in California law. It is a serious felony, meaning it will be considered a strike under the California Three Strikes Law. A conviction may result in a longer jail term and a heavier punishment for any future crime. Multiple strike convictions can result in a sentence of 25 years to life in prison.

The meaning of a dwelling that is inhabited can be controversial at times. The property should be actively occupied as a residence. For example, a vacant house that is no longer occupied but is not empty may not fit this definition, and the charge may be reduced to second-degree burglary. However, if residents are only temporarily away, such as on vacation, the home is still considered inhabited.

Since residential burglary is a crime that entails intrusion into the personal living quarters of an individual, the courts and the prosecutors tend to take such cases more seriously and are not easily lenient. This is why a strong legal defense is particularly necessary at the beginning.

Second-Degree Commercial Burglary and Wobbler Charges

Second-degree burglary applies to non-residential premises and is usually prosecuted in cases involving businesses or commercial areas. A common example is shoplifting, where the value of the property exceeds $950, or the crime was committed during off-hours.

If the amount is less than $950 and committed during working days, the crime can be considered misdemeanor shoplifting. Nevertheless, prosecutors can occasionally press more serious burglary charges to leverage themselves.

One of the greatest benefits in such cases is that second-degree burglary is typically a wobbler crime. This provides the defense with the opportunity to request a reduction of a felony to a misdemeanor, depending on the circumstances of the case and the defendant’s criminal history.

When charged as a misdemeanor, the punishment is much more lenient, with a maximum term of up to one year in jail. Secondly, second-degree burglary is not a strike offense and therefore does not have the same long-term implications as a first-degree burglary conviction.

Requirement for a Locked Vehicle in Auto Burglary

Auto burglary is a particular form of second-degree burglary, which includes entering a vehicle to steal or commit any other felony. Nevertheless, there is a strict condition that distinguishes auto burglary from other vehicle-related crimes: the vehicle must be locked.

If you approach a car with an open window or door and enter the car to steal a wallet, you are not guilty of auto burglary under Penal Code 459. Rather, you would likely face a lesser charge, such as theft or vehicle tampering.

The prosecutor needs to demonstrate that you have made efforts to break a locking mechanism, which in most cases is by breaking a window, using a slim jim or other tool, or picking the lock, to establish that you have committed auto burglary.

If the doors were unlocked, the element of burglary is lacking, even though your intention to steal was apparent. This is one of the typical places where police and prosecutors go wrong and accuse people of committing a felony of burglary when the evidence only indicates that it was a misdemeanor of stealing.

You also need to know that “locked” can be relative. For example, if the doors were closed and the locks were broken or not functioning, your lawyer may say that the vehicle was not locked. Your lawyer will carefully review police reports and witness statements to find out whether there is any physical evidence of forced entry.

The high-level burglary charge cannot be maintained without evidence that the vehicle was locked, and your attorney will do all they can to have the charges dismissed or lowered to a more reasonable level.

Legal Penalties and Long-Term Consequences

First Degree Burglary

The effects of being convicted of burglary in California are devastating and far-reaching, and they affect virtually all facets of your life. In the case of first-degree burglary, the punishments include:

• Two, four, or six years in state prison
• Up to $10,000 fine
• A term of parole or post-release community supervision

Since first-degree burglary is a strike crime, you will not be able to enjoy most of the kinds of sentence reductions or early release programs that non-violent offenders have access to. A conviction remains on your record and can disqualify you from professional licenses, housing, and certain jobs permanently.

Second-Degree Burglary 

In the case of second-degree burglary, the punishment depends on whether the offense is a felony or a misdemeanor.

• Felony. A felony is punishable by up to 16 months, two years, or three years in county jail. Many sentences are served in county jail under California’s realignment laws (AB 109, 2011), yet the conviction remains a felony. Also, up to a $10,000 fine
• Misdemeanor. A misdemeanor charge could lead to up to 1 year in jail and a fine of up to $1000.

Moreover, courts usually impose restitution to compensate victims of property loss or damage, which may result in long-term financial commitments.

The Long-Term Effects of A Burglary Conviction

Being found guilty of burglary has implications other than jail or prison. A felony conviction results in the loss of certain civil rights, including the lifetime right to own or possess a firearm in California and the right to serve on a jury.

It can also affect employment, as some jobs may be lost immediately upon conviction. For non-U.S. citizens, burglary can have serious immigration consequences. If classified as a crime involving moral turpitude or an aggravated felony, it can lead to deportation, denial of naturalization, or being barred from re-entering the country.

The prosecutors are not only interested in incarceration but also in the conviction that will have a lasting impact on your social, professional, and legal reputation.

Legal Defenses to Burglary Charges

Being charged with burglary does not mean the case is automatic. Burglary is difficult to prove because it depends heavily on intent. Your lawyer will look at all the facts of the arrest, evidence, and witness testimonies to find loopholes in the case presented by the government.

Some common defenses are proving the absence of criminal intent, establishing a valid claim to the property, or demonstrating that constitutional rights were infringed during the investigation. Your attorney works to challenge the charges and minimize the impact on your life by carefully considering these factors.

Lack of Pre-Entry Intent

In a burglary case, the strongest defense can frequently be proving the absence of intention at the time of entry. If you did not plan to commit a crime before or at the moment of entering the building, you are not guilty of burglary.

Some individuals enter buildings with entirely legitimate purposes, such as taking shelter, to locate someone, or out of curiosity, and only later choose to steal. If your lawyer can prove that you decided to commit a theft on impulse and that you did it as soon as you were inside, then the charge of burglary is unjustifiable.

Your lawyer will gather evidence such as text messages, witness statements, and your account of events to reconstruct your state of mind. For example, when you went to a store to purchase milk, noticed an unattended phone, and took it, you committed theft, not burglary.

Since the punishments for theft are usually significantly lower than those for burglary, this defense is an essential means of avoiding a felony conviction and a prison term. Your lawyer will also seek signs of intoxication or mental problems that may have incapacitated you from developing a particular criminal intent.

If you were so intoxicated by drugs or alcohol that you did not understand your actions, you may lack the specific intent, which can weaken the prosecution’s case.

Mistaken Identity

In some cases, an individual is falsely charged with burglary because of mistaken identity. Witnesses are fallible, the surveillance will not always be clear, and circumstantial evidence can lead to the wrong person. Your attorney may review surveillance footage or photographs to verify identification. They can also challenge eyewitness accounts and present a strong alibi supported by evidence. If it can be shown that you did not commit the alleged crime, your lawyer can challenge the prosecution’s case. They can also work to have the charges reduced or dismissed entirely.

Claim of Right or Consent

The other defense that works is the claim of right. This is applicable if you went into a structure to steal property that you had a good faith belief was yours or that you thought that you had a good right to own.

According to California law, when you believe that the property belongs to you, in good faith, you do not intend to steal it, and thus you cannot be found guilty of burglary. It does not even matter whether what you believed in was wrong, provided that you believed it in good faith. For example, when you enter the house of an ex-partner to collect a television that you think you paid for, your entry is not a burglary, since you did not intend to steal.

Equally, the consent defense may be applied when the owner of the property or the individual who has authority over the structure granted you the right to enter. Had you had a key and been informed that you could enter and exit as you pleased, the prosecution would find it very difficult to establish that your entry was a part of a criminal scheme.

Your lawyer strives to find messages or historical patterns of actions that show you were allowed to be on the property. In cases where the owner initially gave you permission to enter and take something but later called the police out of anger or revenge, your lawyer can use that history of permission to challenge the charges.

Factual Innocence

In other instances, all that can be said in defense is that the police have the wrong man. Factual innocence may be proved in several ways, such as alibi evidence showing that you were elsewhere at the time of the burglary.

Your lawyer will also give a stern examination of eyewitness identification, which is notoriously unreliable. Most burglaries occur at night, or suspects wear masks or hoodies, creating a situation of mistaken identity in which an innocent individual is found guilty of a crime they did not commit.

Your lawyer will use forensic evidence, including DNA, fingerprints, and surveillance video, to demonstrate that it was not you who gained access to the building. If the case presented by the prosecution is based on a witness who has only a few seconds of low light to see the perpetrator, your attorney can question the validity of such an identification in court.

There is also the issue of false accusation. It is not uncommon for someone to be wrongly charged with burglary by a person with a personal vendetta, such as an ex-spouse or a business competitor. By examining the accuser’s motives, your lawyer can often reveal the truth and work to have the charges dismissed.

Police Misconduct

Your lawyer will also look at the behavior of the law enforcement officers who dealt with your case. The fact that you are a suspect in a crime does not mean that your constitutional rights are gone.

If the police have illegally searched your house or car without a warrant or probable cause, the evidence they discovered can be suppressed and inadmissible in court. This includes the ‘fruits of the poisonous tree’ principle, which means that if a preliminary search was unlawful, any evidence obtained from that search is also inadmissible in court.

Your lawyer will also investigate any infringement of your Miranda rights. If you were questioned during the time of detention without being told about your right to remain silent and your right to an attorney, any statements or confessions you could have provided may be excluded.

Your lawyer can also file a Pitchess Motion to review the arresting officers’ personnel files. This can reveal any history of dishonesty, evidence planting, or excessive use of force. Demonstrating that the police acted illegally can frequently result in the dismissal of the prosecution’s case.

Find a Burglary Defense Attorney Near Me

A burglary conviction under Penal Code 459 may be very serious. Years of imprisonment and a criminal record that may be difficult to erase may be imposed on you. This may influence your employment and accommodation prospects. First-degree burglary is particularly severe. It is both a felony and a strike under California’s Three Strikes Law. Having a skilled lawyer is essential in such cases. At Leah Legal Criminal Defense Attorney, our criminal defense lawyers will handle everything on your behalf, from filing motions to suppressing illegally obtained evidence. We also negotiate for lower charges to challenge the prosecution at any stage of your case. We will fight to defend your rights and future. Contact us today at 213-444-7818 to schedule a consultation.