Penal Code Section 459 defines burglary as a serious offense with distinct legal implications. This crime involves unlawful entry into a structure, a residence, or a business, intending to commit a felony or theft inside. California law takes a firm stance against burglary, as it violates personal and commercial sanctity, leading to potential harm, loss, and disruption.

A burglary occurs when someone breaks into a building or enters through an unauthorized means, like an open window or unlocked door, to commit a crime once inside. The crime committed inside could be a theft of valuable property or a more serious felony, depending on the circumstances.

Understanding the elements and potential penalties associated with burglary is crucial. Bakersfield attorneys at California Criminal Lawyer Group explain burglary in detail. Read on to familiarize yourself with the offense.

Burglary Under California Law

A burglary occurs in the first or second degree.

     a) First-Degree Burglary

First-degree burglary is a serious crime. It involves unlawfully entering a dwelling where people live with the intent to commit a felony or theft. To be considered first-degree burglary, three elements are needed:

  • Unlawful entry
  • An inhabited dwelling, and
  • Intent to commit a felony or theft.

First-degree burglary focuses on occupied homes, where privacy and safety are crucial. It is also known as residential burglary.

The prosecution must establish a few key elements to prove your guilt:

  • You entered a home or a room within a home.
  • The burglary occurred in an inhabited dwelling house, vessel, or the inhabited part of any other building, as stated in PC 460(a).
  • When you entered the home or room, you intended to commit a felony or theft inside.
  • The worth of the stolen or intended-to-be-stolen property exceeds $950.

     b) Second-Degree Burglary

Second-degree burglary, or commercial burglary, is less serious than burglary in the first degree. It happens when someone unlawfully enters a commercial building, intending to commit theft or a felony inside.

Second-degree burglary focuses on structures like businesses.

To secure a conviction for second-degree burglary under PC 459, the prosecution needs to prove the elements below:

  • You entered an uninhabited space like a store, shop, barn, warehouse, or even a vehicle, for example, a locked-door car or trailer.
  • You entered the commercial establishment outside of business hours.
  • At the time of entry, you intended to commit a felony or theft inside.
  • The worth of the stolen or intended-to-be-stolen property exceeds $950.

The intent to commit a felony or theft within the structure is crucial in burglary cases. If you entered the structure without this intent and only formed it after entering, you could be guilty of other crimes but not burglary.

Additionally, even if no theft or felony is committed inside, you can still be guilty of burglary if the prosecution can prove the intent to commit a theft or felony upon entry.

These examples highlight that burglary focuses on the defendant's intent for entering the structure rather than the specific actions taken inside. Separate charges can be brought for crimes committed inside the structure, but they do not impact the prosecution's case for burglary.

What is a Residence?

A residence can include the following:

  • Inhabited house, condo, or apartment
  • A room in an inhabited house
  • An inhabited portion of any other kind of building
  • An inhabited floating home
  • An inhabited boat
  • An inhabited trailer coach, or
  • An inhabited motel or hotel room.

The term "inhabited" indicates that the structure is used as a dwelling, regardless of whether someone who lives there is present at the time of the burglary. However, a structure is not deemed "inhabited" if the occupants have permanently moved out and have no intention of returning unless they leave due to a natural or other disaster.

Note: In California burglary law, "house" encompasses any structure attached to and functionally connected with the main house.

What it Means to Enter a Structure

In California burglary law, the critical element is the act of "entering" a building or structure. According to Penal Code 459, you are considered to have "entered" when any part of your body or an object under your control crosses the outer boundary of the building. This includes areas within the building's outer boundary, including windows with screens and attached balconies designed for internal access.

Here are two examples of scenarios that demonstrate entering a structure:

  • A person enters an unlocked convenience store door during business hours, intending to steal merchandise. Despite not forcefully breaking in or trespassing, their entering the store constitutes burglary.
  • An individual climbs over a backyard fence and enters a residential property to commit theft inside the house. Although they have not accessed the interior yet, their entry into the property crosses the outer boundary of the structure, making it a burglary offense.

Differentiating Burglary and Shoplifting

PC 459.5 defines shoplifting as entering a commercial installation during standard business hours to steal property valued at $950 or less. Shoplifting is considered part of burglary, specifically petty theft, where the act involves entering an open establishment or business to steal merchandise valued at $950 or less.

Shoplifting was established through Proposition 47, a voter initiative in California that aimed to reduce penalties for certain minor offenses. Before the passage of Proposition 47 in 2014, shoplifters could potentially be charged with second-degree burglary under PC 459, which carried felony penalties.

If you face shoplifting charges under PC 459.5, you generally face misdemeanor sentences unless you meet either of the following conditions:

  • You have a prior conviction for a serious crime, including murder, rape, or sex crimes against children.
  • The courts required you to register as a sex offender due to a previous sex offense conviction.

In these cases, committing shoplifting can potentially result in the same felony sentences as an individual charged with second-degree burglary under Penal Code 459.

Can My Prior Burglary Conviction be Reduced to Shoplifting?

Getting a past burglary conviction lowered to shoplifting in California is possible under certain circumstances. Consulting a criminal defense attorney is advisable to explore reducing a prior burglary conviction to shoplifting. They can assess your situation and guide you through available options.

Burglary and Breaking and Entering

Burglary and "breaking and entering" are different.

"Breaking and entering" refers to unauthorized entry into a building, while burglary involves entering a structure with the intent to commit theft or a felony. Burglary does not require breaking in. Entering through open or unlocked entry points suffices. Trespassing or forced entry is not necessary. Auto burglary, however, requires locked vehicles for the offense. Without the need to break in, it would not be considered burglary.

Penalties if Convicted of Burglary

First-degree burglary, or residential burglary, is a felony. A conviction results in the following penalties:

  • Formal probation,
  • 2, 4, or years in state prison, and
  • A maximum fine of $10,000.

First-degree burglary also counts as a "strike" offense under the Three Strikes Law.

Second-degree or commercial burglary is a "wobbler" offense, which means prosecutors can charge you with a misdemeanor or felony.

The potential punishment of a misdemeanor conviction includes:

  • Misdemeanor probation,
  • Up to one year in county jail, and
  • A fine not exceeding $1,000.

For a felony conviction, the potential consequences include the following:

  • Felony probation,
  • 16 months, 2 or 3 years in county jail, and
  • A maximum fine of $10,000.

Potential Defenses in a Burglary Case

With the help of your attorney, you can raise an appropriate defense for your case. The suitability of a defense depends on the facts of your case. Here are the common defenses attorneys use to challenge burglary charges:

     a) You Lacked Intent

The lack of intent defense in a burglary case argues that you did not possess the intention to commit a felony or theft when entering the structure. This defense asserts that there was a lack of criminal intent, and therefore, you should not be held responsible for the burglary.

Intent is a crucial element in a burglary case. To establish the lack of intent defense, the following points are essential:

  • You must demonstrate that you did not intend to commit a felony or theft upon entering the location.
  • Your intent to commit a crime must have existed at the time of your entry into the building. If you formed the intent only after entering, you cannot be found guilty of burglary.

By presenting evidence that shows your lack of intent or the timing of your intent, you can raise the defense that you should not be convicted of burglary under PC 459. This defense includes:

  • Testimony from witnesses who can attest to your lack of intent to commit a felony or theft when entering the structure.
  • Video evidence showing your actions and behavior when entering the structure, demonstrating no signs of criminal intent.
  • Any statements or communications, including text messages, emails, or recorded conversations, that indicate your lack of intention to commit a crime.
  • Expert opinion or analysis that supports the absence of intent based on your actions, behavior, or psychological state.
  • Any other relevant evidence that indirectly supports your lack of intent, including your relationship with the property owner, prior lawful access to the structure, or evidence contradicting the prosecution's narrative.

     b) Factual Innocence

You can challenge the prosecution’s case by asserting that you are not guilty of the crime because you did not commit the acts alleged by the prosecution. Challenging the accusation by demonstrating your innocence is often an effective strategy to combat a PC 459 charge. Innocent individuals can be mistakenly arrested due to factors such as:

  • Mistaken identity, where you resemble or share a name with the actual suspect.
  • Misleading evidence, for example, finding your fingerprints at the scene due to prior innocent contact.
  • False accusations motivated by mental health issues or personal vendettas.

Engaging a skilled criminal defense attorney promptly is crucial when facing wrongful charges. Even in the presence of seemingly incriminating evidence, a knowledgeable lawyer can exploit weaknesses in the prosecution's case. A robust legal defense has the potential to persuade the prosecutor to reduce or dismiss your charges.

     c) Police Misconduct

In cases where police misconduct is suspected, it is possible to file a Pitchess motion to obtain information about the officer's past complaints. This motion allows the defense to examine whether there is a pattern of police misconduct. Examples of police misconduct in burglary cases include:

  • Fabricating evidence — This could involve planting stolen items at the crime scene or altering evidence to make it appear incriminating.
  • Coercing a confession — Police could use coercive tactics like threats, intimidation, or physical force to obtain a confession from a suspect, even if it is false or obtained involuntarily.
  • Violating Fourth Amendment rights — Police could conduct an unreasonable search or seizure without a valid warrant or probable cause, infringing upon a person's constitutional rights.
  • Biased investigation — If police focus solely on a particular suspect or group of suspects without properly considering alternative leads or evidence, it could indicate a biased investigation.
  • Withholding exculpatory evidence — Failure to disclose evidence that could potentially exonerate a defendant is a form of misconduct that undermines the fair administration of justice.

These are just a few examples. Police misconduct can take various forms.

If evidence of misconduct is presented and establishes a pattern, it could lead to the dismissal of PC 459 charges. Alternatively, if the case proceeds to trial, a jury could find you not guilty based on the evidence of police misconduct. It is important to consult your attorney to evaluate the circumstances and determine the best course of action.

     d) The Owner Consented

The consent defense asserts that you had the legal right to enter the property with the owner's consent. It can be a valid defense if you can demonstrate that:

  • The property owner explicitly or implicitly gave you permission to enter the premises.
  • You entered the property within the scope of the granted consent.
  • Your actions did not exceed the boundaries of the consent given.

Evidence you can present supporting the consent defense includes:

  • Testimony or statements from the property owner indicating their permission for you to enter.
  • Written documentation, for example, a letter or email, granting consent.
  • Surveillance footage or witnesses corroborating the fact that the owner allowed your entry.
  • Any other relevant evidence demonstrating the absence of unlawful intent or wrongful entry.

     e) Mistaken Identity

There are cases where individuals are mistakenly identified as burglary culprits. If this is your experience, you can assert that you were wrongly identified as the perpetrator of the crime. You must present evidence to show that you did not commit the burglary. Key elements of this defense include:

  • Establishing an alibi — Providing evidence, including witness testimony, surveillance footage, or records, to demonstrate that you were elsewhere during the burglary.
  • Challenging eyewitness identification — Presenting evidence that challenges the accuracy or reliability of the eyewitness identification. This includes inconsistencies in descriptions, suggestiveness in the identification process, or other factors that could have led to the mistaken identification.
  • Offering alternative suspects — Presenting evidence suggesting the involvement of another individual who could have committed the burglary. You can present an individual’s prior criminal history, motive, or opportunity.

     f) The Structure Was Not Inhabited

The dwelling could not qualify as an inhabited dwelling place. If so, your attorney will argue that the structure in question was not used as a residence at the time of the alleged burglary.

This defense aims to challenge the prosecution's claim that the offense should be classified as first-degree burglary, which typically involves a dwelling. Instead, it seeks to argue for a reduction to second-degree burglary, which generally applies to non-residential structures and carries lesser penalties. The success of this defense depends on demonstrating that the property was vacant, up for sale, or otherwise not being used as a place of habitation.

Note: In burglary cases, being unaware that the dwelling was inhabited is not a valid defense. The intent to commit theft or a felony upon entering a structure is a crucial element of burglary, and prosecutors do not need to prove that you knew the dwelling's occupancy status. Therefore, even if you believed the house was vacant and did not intend to encounter anyone inside, you can still be convicted of felony burglary if you unlawfully entered an inhabited home intending to commit a theft or felony.

Related Offenses

The following are the crimes related to burglary:

     a) Possession of Burglary Tools

Penal Code 466 deals with the possession of burglary tools. Possessing tools specifically designed or commonly used for committing burglary or theft-related offenses is a crime. Possessing these tools is considered a separate offense, regardless of whether a burglary or theft has been committed.

Examples of burglary tools include:

  • Vise grip pliers
  • Tubular lock pick
  • Picklocks
  • Master key
  • Slide Hammer
  • Floor-safe door puller
  • Lock pick gun
  • Crowbars
  • Lock pick gun
  • spark plug chips
  • Screwdrivers
  • Water-pump pliers
  • Slim jim
  • Tension bar
  • Bump key

Prosecutors must typically prove the following elements in a PC 466 violation case:

  • You possessed specified tools or instruments
  • You knew they were in possession of those tools
  • You intended to use the tools for committing a burglary or theft-related offense

Prosecutors must demonstrate that you had the knowledge of possessing the burglary tools and the specific intent to use them for unlawful purposes such as burglary or theft.

A violation of PC 466 is a misdemeanor. The violation is punishable by:

  • Up to six months in jail and/or
  • Up to $1,000 in fines

     b) Burglary of a Safe or Vault

Penal Code 464 establishes that anyone who enters a building, whether inhabited or not, with the intent to commit a crime and uses tools or devices, for example, an acetylene torch, electric arc, burning bar, thermal lance, or explosives, to open or attempt to open a vault, safe, or another secure place, is guilty of a felony.

To be convicted of the crime defined in Penal Code 464, the prosecution must prove the following elements:

  • Entry into a building, whether inhabited or not
  • Intent to commit a crime upon entering the building
  • Use of specific tools or devices like acetylene torches, electric arcs, burning bars, thermal lances, or explosives.
  • Opening or attempting to open a vault, safe, or secure place

If these elements are proven beyond a reasonable doubt, a jury will convict you of a felony under Penal Code 464.

PC 464 violations are felonies. Convictions result in the following penalties:

  • Formal probation
  • Up to seven years in prison and/or
  • A maximum fine of up to $10,000.

     c) Trespass

Trespass is entering or remaining on someone else's property without permission or a legal right. It involves intentionally disregarding the property owner's rights and occupying or using the property without authorization. Trespass can occur on both private and public property. It is considered a criminal offense under Penal Code 602 PC.

Under Penal Code 602 PC, the following acts are commonly prohibited:

  • Entering someone else's property without permission involves knowingly entering or remaining on someone else's property without the owner's consent or legal right.
  • Refusing to leave private property — If you are asked to leave someone's property by the owner, occupant, or authorized person and fail to do so, it can constitute trespass.
  • Interfering with business activities — This includes obstructing or interfering with the normal operation of a business or commercial establishment, such as blocking entrances, disrupting employees or customers, or damaging property.
  • Entering and occupying real property without consent — Occupying or possessing real property, for example, a residence, land, or structure, without permission from the owner or lawful occupant is considered trespass.
  • Entering agricultural land or utility facilities without permission — Unauthorized entry onto agricultural land or utility facilities, for example, power plants, water treatment plants, or telecommunication infrastructure, is prohibited.

Penalties for Trespass

     a) Misdemeanor Trespass

Usually punished by:

  • Up to six months in jail and/or
  • Up to $1,000 in fines.

     b) Trespass as an Infraction

If the land is enclosed or has "no trespassing" signs, it can be charged as an infraction with a $75 fine for the first offense and a $250 fine for the second offense on the same land.

     c) Aggravated (Felony) Trespass

It involves making a credible threat to harm someone seriously and entering their property or workplace intending to carry out the threat. It can be charged as a misdemeanor or felony.

Misdemeanor penalties for aggravated trespass:

  • Up to one year in jail and/or
  • A maximum fine of $2,000.

Felony penalties for aggravated trespass:

  • Up to three years in jail and/or
  • A fine not exceeding $10,000.

Find a Criminal Defense Attorney Near Me

If you are facing burglary charges in Bakersfield and need experienced legal representation, do not hesitate to contact the California Criminal Lawyer Group. Call us today at 661-750-8230 to discuss your case and let our skilled attorneys fight for your rights and the best possible outcome.