What Is Commercial Burglary (PC 459)?

Commercial burglary, defined under Penal Code § 459, occurs when someone enters a commercial building—such as a store, office, or any business location—with the intent to commit theft or another felony [1.]. This crime encompasses more than just theft; it includes any felony intent upon entry, even if the actual crime is not carried out.

With the enactment of Proposition 47 on November 1, 2014, some acts previously classified as commercial burglary are now considered shoplifting if the value of the stolen items is less than $950, under the new § 459.5, which is always a misdemeanor. However, commercial burglary still applies to cases involving theft or other crimes where the value exceeds $950 or other felony intent is evident.

Burglary, including commercial burglary, no longer requires “breaking and entering” but simply involves entering any building or enclosed space with the intent to commit a crime. Commercial burglary differs from residential burglary, which typically involves a private home or living space, and is often associated with larger-scale thefts, though the value of stolen items doesn’t have to be high to qualify.

“Commercial burglary is often charged when one enters a store with some item indicating an intent to steal something inside the store. This may be a knife that the client uses to scrape off a price tag or a security code on piece of merchandise, or scissors to open a package, or empty bags to put store items inside.”

There is no minimum threshold for the value of stolen goods to constitute commercial burglary, but if the amount exceeds $950, it could lead to grand theft charges under Penal Code § 487, instead of petty theft. Commercial burglary can be charged as either a misdemeanor or a felony, depending on the circumstances, with penalties ranging from county jail time to state prison.

Common scenarios include entering a store with tools or devices intended for theft, such as knives, scissors, or even strollers used to conceal merchandise. The intent behind these actions is crucial for determining the severity of the charges and potential defenses.

What is Residential Burglary?

Residential burglary is classified as a first-degree offense under California Penal Code Section 460. It involves unlawfully entering a dwelling where people reside with the intent to steal property or commit another felony. In California, first-degree burglary is always prosecuted as a felony, reflecting the seriousness of the crime [2.].

Also Read: Attempted Burglary in California

Penalties for Residential Burglary

Conviction for residential burglary carries severe consequences, including a felony record, substantial fines, and lengthy prison sentences.

“Someone who is convicted of a residential burglary may face a maximum sentence of six year in state prison as well as a fine of $10,000. Felony burglary charges may also warrant enhanced prison sentences if a weapon was used, or if a victim suffered great bodily injury.”

Impact of California’s “Three Strikes” Law

Residential burglary can also count as a strike under California’s “Three Strikes” law, which imposes harsher penalties on repeat offenders with multiple serious or violent convictions. While a first residential burglary conviction may not seem overly significant, individuals with two prior strikes could face a life sentence upon a third conviction, making it critical to understand the long-term implications of such charges.

Sentence Enhancements for Residential Robbery Charges

When a firearm or other deadly weapon is involved in a residential robbery, penalties can be significantly increased under California law [3.].

Penal Code 12022: Adds an additional one-year sentence if the defendant personally used a deadly or dangerous weapon, such as a knife, pepper spray, or taser, during the robbery.

Penal Code 12022.53: Known as California’s “10-20-Life use a gun and you’re done” law, this statute imposes severe penalties for using a firearm in a robbery:

10 years for personally using a firearm.
20 years for intentionally discharging a firearm.
25 years to life if the firearm causes great bodily injury or death.

“Please note that residential robbery is a violent felony. It is also a strike under the “Three Strikes” law. Someone convicted of residential robbery must serve 85% of their prison sentence.”

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References:
1. https://www.greghillassociates.com/what-is-commercial-burglary-pc-459-and-its-defenses.html
2. https://thelawofficesofgrantbettencourt.com/robbery/residential-burglary/
3. https://www.shouselaw.com/ca/blog/theft/what-is-the-difference-between-commercial-robbery-and-residential-robbery/

What is the Difference Between Commercial Robbery and Residential Robbery?