California Burglary: Felony or Misdemeanor? It Depends…

Understanding Burglary Charges in California: Felony vs. Misdemeanor

According to CIS, in California, unlawfully entering a home, room, apartment, or recreational vehicle with the intent to steal or commit a felony can result in a charge of first-degree residential burglary under Penal Code 460 PC [1]. This type of burglary is always classified as a felony, whereas all other burglaries fall under second-degree and can be charged as either a misdemeanor or a felony, depending on the circumstances.

Penal Code 459 PC defines burglary as entering any commercial or residential structure or locked vehicle with the intent to commit grand theft, petty theft, or any felony. The intent to commit theft or a felony must be formed prior to entry. For example, if someone breaks into a home without initially intending to steal but decides to do so once inside, they would not be charged with first-degree residential burglary under PC 460.

Penal Code 460 PC explicitly defines first-degree residential burglary as unlawfully entering an “inhabited dwelling place” and always charges it as a felony. Second-degree burglary, covering other types of burglaries such as those involving commercial structures, is classified as a wobbler, which means it can be prosecuted as either a misdemeanor or a felony based on the case specifics.

California Penal Code 460 states: “(a) Every burglary of an inhabited dwelling house, vessel (as defined in the Harbors and Navigation Code), floating home, trailer coach (as defined by the Vehicle Code), or the inhabited portion of any other building is burglary of the first degree. (b) All other kinds of burglary are of the second degree.” Residential burglary is considered the most severe form of burglary in California, carrying a sentence of up to six years in prison. Importantly, an actual felony or theft does not need to be committed inside the home for a first-degree burglary charge to be upheld; the crime is complete as long as the intent to commit theft or a felony existed before entering.

Types of Burglary Crimes

According to KannLaw, burglary charges in California are heavily influenced by the specifics of each case, with certain actions potentially increasing the severity of penalties if convicted [2]. For instance, prior burglary convictions or additional charges like robbery or battery can significantly extend the standard prison sentence for burglary.

If a burglary results in “great bodily injury” or involves the presence of a victim, additional charges such as battery (California Penal Code Section 242) or robbery (California Penal Code Section 211) may apply. These circumstances can lead to much harsher penalties compared to a burglary where no one is present. For more detailed information, refer to our articles on burglary and robbery.

Safe Cracking
If the person enters a building and opens or attempts to open a vault, safe, or other secure place by the use of a steel-burning device, such as an acetylene torch, this is a felony and subject to an increased prison sentence of three, five, or seven years under Penal Code Section 464.

Commercial Burglary and Petty Theft
Commercial burglary, defined as entering a business for theft, can be a misdemeanor or a felony, particularly if the defendant has prior burglary or shoplifting convictions. Typically charged under California Penal Code Section 459, commercial burglary in shoplifting cases can often be reduced to petty theft through plea negotiations.

Petty theft, as defined under Penal Code Section 484(a), can be a misdemeanor if the stolen property’s value is $950 or less, or a felony if the value exceeds $950. Repeat offenders with prior theft convictions may face felony petty theft charges under Penal Code Section 666.

Possession of Burglary Tools
Possessing burglary tools is a misdemeanor under California Penal Code 466, punishable by up to 180 days in county jail. This charge is often added to other burglary-related offenses.

For more detailed legal advice and guidance, consulting a knowledgeable attorney is recommended to navigate the complexities of burglary charges and potential enhancements in California.

Also Read: First & Second Degree Burglary California

California Burglary Conviction Penalties

First-degree burglary, also known as residential burglary, is a felony in California, punishable by up to six years in prison, significant fines, and a “strike” under California’s Three Strikes Law.

Second degree burglary (commercial burglary) is a “wobbler” that can be charged as either a felony or a misdemeanor, depending on the severity of the offense and the defendant’s criminal history. If convicted as a felony, a defendant can be imprisoned for up to three years.

Certain enhancements can lead to additional prison time. For instance, if convicted of a felony burglary, the defendant may receive an extra year for each prior felony conviction. If the victim is particularly vulnerable (e.g., over 65, under 14, blind, deaf, or disabled), one to two additional years can be added. Furthermore, if a victim suffers great bodily injury during the burglary, an additional three to six years can be added to the sentence.

Defenses Against Burglary Charges in California

1. Lack of Intent: A crucial element of burglary is the intent to commit theft or a felony upon entering the property. Demonstrating that you entered without such intent can serve as a strong defense.
2. Consent: If you had permission to enter the property, this can be a significant defense. Providing evidence of consent, such as communication or documentation, is essential.
3. Alibi: Presenting an alibi can be a powerful defense. Proving you were not at the scene when the burglary occurred can raise doubts about your involvement.
4. Illegal Search: Evidence obtained through an illegal search or seizure is inadmissible in court. The Fourth Amendment protects against unlawful searches and arrests.
5. Identification Error: Mistaken identity can be a strong defense. Providing clear and valid identification documents can help demonstrate that you are not the perpetrator.
6. Weak Evidence: The prosecution must provide strong evidence for each element of the crime to secure a conviction. Insufficient proof can lead to a not-guilty verdict.

Related Articles:

• Difference Between Robbery and Burglary
• What Is Criminal Mischief?
• Difference Between Robbery and Theft?

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References:
1. https://www.cronisraelsandstark.com/first-degree-burglary-penal-code-460-pc
2. https://www.kannlawoffice.com/burglary.html