Understanding Burglary Under California Penal Code Section 459

According to KLO, California Penal Code Section 459 defines burglary as entering any structure—be it residential, commercial, or otherwise—with the intent to commit grand larceny, petit larceny, or any felony [1].

Notably, the entry does not need to involve force, threats, or destruction; it simply requires the intent to commit a felony or a crime chargeable as a felony.

The act of burglary is considered a wobbler under California law, meaning that depending on the circumstances of the crime, it can be charged as either a felony or misdemeanor

First-Degree Residential Burglary in California: Penal Code 460 PC

In California, unlawfully entering a home, room, apartment, or recreational vehicle with the intent to steal or commit a felony can result in a felony charge for first-degree residential burglary under Penal Code 460 PC. This type of burglary is considered a first-degree felony, whereas all other burglaries, such as those involving commercial structures, are classified as second-degree and can be charged as either a misdemeanor or felony (a wobbler crime).

Penal Code 460 PC – First-Degree Residential Burglary
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 offense. The crucial element is that the intent to commit theft or a felony must be formed before entering the structure. For instance, if someone enters a home without intending to steal but decides to do so once inside, they would not be charged under PC 460 for first-degree residential burglary.

Put simply, when somebody enters a home intending to commit theft or a felony, they have violated Penal Code 460 PC. Under the law, an intrusion by force into a residence is considered entering a place, even with slight pressure.

Commercial or Second Degree Burglary Under California Penal Code Section 459

According to CCD, California Penal Code Section 459 defines burglary as the act of entering a structure with the intent to commit theft or any felony [2]. This includes a wide range of structures such as houses, apartments, residential rooms, and businesses.

Less common structures like outhouses and tents also qualify. Entering a non-residential structure or business property with such intent constitutes commercial or second-degree burglary, which can be charged as either a misdemeanor or a felony.

Conditions for Trial in California State Jurisdiction
For a burglary case to be tried in California, the following conditions must be met:

Evidence of Unauthorized Entry: There must be clear evidence that the defendant deliberately entered a commercial building without permission.
Intent to Steal: It must be proven that the defendant entered the building with the intention to commit theft.

So the prosecutor must prove that the accused entered the business building unauthorized and with an intention to steal.

Penalties for First-Degree and Second-Degree Burglary in California

In California, first-degree burglary is classified as a felony. The penalties for a first-degree burglary conviction can include:

Felony probation
2, 4, or 6 years in state prison
Fines up to $10,000

Under California Penal Code 459, second-degree burglary is considered a wobbler offense, meaning it can be charged as either a misdemeanor or a felony based on the prosecutor’s decision.

Penalties for Second-Degree Burglary as a Felony:

Felony probation
16 months, 2 years, or 3 years in county jail
Fines up to $10,000

Penalties for Second-Degree Burglary as a Misdemeanor:

Misdemeanor (summary) probation
Up to 1 year in county jail
Fines up to $1,000

Understanding these distinctions and potential consequences is crucial for anyone facing burglary charges in California.

Key Defenses Against Burglary Charges in California

Lack of Intent: A fundamental element of burglary is the intent to commit theft or a felony upon entering a property. Demonstrating that you entered without such intent can serve as a defense against the charge.
Consent: If you had permission to enter the property, it can be a strong defense. Providing evidence of consent, such as communication or documentation, is essential.
Alibi: Presenting an alibi that proves you were not present at the location when the burglary occurred can be a powerful defense, raising doubts about your involvement.
Illegal Search: Evidence obtained through an illegal search or seizure is inadmissible in court. The Fourth Amendment protects against unlawful searches and arrests, and any violation can be grounds for defense.
Identification Error: Misidentification can lead to wrongful accusations. Providing valid identification and proving any confusion can help establish your innocence.
Weak Evidence: Burglary charges require strong evidence for each element of the crime. If the prosecution’s evidence is insufficient, it can lead to a not-guilty verdict.

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References:
1. https://www.kannlawoffice.com/burglary.html
2. https://www.californiacriminaldefender.com/commercial-or-second-degree-burglary-pc-459.html

First & Second Degree Burglary California: Main Differences