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What is Burglary?
Burglary is when every person who enters any asset with intent to commit grand or petit larceny or any felony, is guilty of burglary.
Assets include:
- House
- Room
- Apartment
- Tenement
- Shop
- Warehouse
- Store
- Mill
- Barn
- Stable
- Outhouse
- 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
- Any underground portion thereof
Understanding Attempted Burglary in California
In California, burglary is defined under Penal Code 459 PC as entering a building with the intent to commit theft or another felony [1].
However, attempted burglary, as outlined in Penal Code 664 PC, refers to actions where someone takes substantial steps toward committing burglary but does not complete the act.
While attempted burglary is less commonly charged—since once a part of a home is breached, it typically qualifies as full burglary—attempted burglary can still apply in certain situations.
For instance, if someone approaches a building with burglary tools but flees before entering, they can be charged with attempted burglary.
The key to this charge is proving the substantial step taken toward committing the crime. This includes actions that show intent and active preparation, not just the desire to commit the crime.
Attempted burglary can apply to second-degree burglary as well. For example, if someone tries to break into a car or a store but doesn’t succeed, they can still face attempted burglary charges.
Ultimately, the prosecution must prove both the intent to commit a crime and that significant actions were taken toward its completion, even if the crime wasn’t fully carried out.
For example, jumping a fence with burglary tools but running away before entering the home could still result in attempted burglary charges.
Attempted Burglary Can Still Lead to Prosecution 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.
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.
6 Legal Defenses to Attempted Burglary Charges in California
If you are facing attempted burglary charges in California, there are several defenses that may be used to challenge the case.
Here are six common legal defenses that can be raised in court:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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/