What is Burglary?

To grasp what constitutes attempted burglary, it’s essential first to understand the definition of burglary under California Penal Code Section 459 [1].

This law states:

Burglary Definition (PC 459)
Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, floating home, railroad car, locked or sealed cargo container (whether mounted on a vehicle or not), trailer coach, house car, inhabited camper, vehicle (when the doors are locked), aircraft, mine, or any underground portion thereof, with intent to commit grand or petit larceny or any felony, is guilty of burglary.

Key Elements of Burglary
To be convicted of burglary, the prosecution must prove:

Entry: The defendant entered a structure or vehicle.
Intent: The entry was made with the intent to commit theft or any felony

Understanding Attempted Burglary in California

Under California Penal Code 459 PC, burglary involves entering a building with the intent to commit theft or any felony. Attempted burglary, as defined under Penal Code 664 PC, is less commonly charged because once any part of a home is breached, it typically constitutes full burglary.

For an attempted burglary charge, there must be clear evidence that the individual took a substantial step towards committing the crime without fully completing it. This could involve actions like approaching the home with burglary tools but fleeing before entry. The critical factor is proving the substantial step toward committing the crime, rather than mere intent or preparation.

Attempted burglary can also apply to second-degree burglary scenarios, such as attempting to break into a car or store but failing to complete the act. Proving attempted burglary involves showing clear intent and significant steps taken towards committing the crime, even if it was not fully executed

For example, jumping a fence with burglary tools but running away before entering the home can be grounds for attempted burglary charges.

Also Read: California Burglary – Felony or Misdemeanor?

Failure to Complete a Burglary May Still Be Prosecuted as an Attempted Burglary in California

If you attempt to unlawfully enter a building or locked vehicle with the intent to steal or commit a felony but do not complete the crime, you can still be prosecuted for attempted burglary. Simply devising a plan without taking direct action toward committing the burglary is not a crime.

Legal Definition of Attempted Burglary
Under California Penal Code Section 21a, an attempt to commit a crime requires two elements:

Specific Intent: The intent to commit the specific crime.
Direct Action: A direct but ineffective act toward completing the crime.

To secure a conviction for attempted burglary, the prosecutor must prove both elements beyond a reasonable doubt. Without evidence of both intent and a direct attempt, you cannot be convicted of an attempted crime.

Penalties for Attempted Burglary in California

In California, attempted crimes carry penalties that are typically half of what you would face if the crime had been completed. The punishment for attempted burglary depends on whether it is first-degree or second-degree burglary.

Attempted First-Degree Burglary: If convicted, you can face up to three years in state prison.
Attempted Second-Degree Burglary: If convicted, you can face up to one-and-a-half years in county jail.

The degree of burglary influences the severity of the punishment, reflecting the state’s approach to different types of burglary offenses.

Legal Defenses to Attempted Burglary Charges in California

False Accusations
False accusations can be done on accident by mistaken identification or on purpose from someone who has known or unknown motivations. Those who falsely accuse someone could be someone avoiding responsibility when they’re the actual culprit or a person who stands to gain an advantage – e.g., ex-spouse gaining legal custody of children, or as revenge from a prior incident.

Taking
Robbery involves gaining control of another person’s property. If the suspect never gained control, a robbery did not occur, though they might still be charged with attempted robbery. Additionally, the alleged victim must have legitimate possession of the property. If the property wasn’t theirs, they weren’t authorized to control it, or they weren’t acting as an employee, no robbery occurred.

Mistaken Identity
Mistaken identity can lead to wrongful accusations, especially when the evidence relies solely on eyewitness testimony, which is scientifically proven to be unreliable. Factors like poor lighting, police suggestiveness, witness stress, or cross-racial identification can contribute to mistaken identification.

Force
The force used in a robbery must be more than incidental contact. For instance, the minimal force used by a pickpocket is insufficient for a robbery conviction. However, forcibly taking a phone from someone’s hand constitutes enough force for a robbery charge.

Claim of Right
The claim of right defense applies when someone genuinely believes they have the right to the property, even if mistaken or unreasonable. This defense only applies to reclaiming specific items, not other property or unsettled debts. A genuine intent to reclaim one’s property negates the felonious intent required for robbery.

Conspiring with Victim
If the alleged victim conspires with the accused to stage a robbery, there is no genuine fear or force used. Although the government may still file conspiracy charges, these carry lesser penalties than robbery charges.

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References:

1. https://www.wklaw.com/what-is-attempted-burglary-pc-459-pc-664/

Attempted Burglary in California: Definition and Penalties