Burglary Laws in California - Penal Code 459 PC
In California, burglary, under California Penal Code 459 PC, is an individual entering a building to commit felony theft, typically grand theft or petty theft.
The prosecutors must prove that the individual had the intent to steal or commit a theft crime when they entered the building, but they do not have to prove that the individual committed a theft crime.
In California, there are two types of criminal charges related to burglary: First-degree burglary and Second-degree burglary.
First-Degree Burglary
First-degree burglary is a serious theft crime committed in someone's home. It is commonly known as residential burglary. The Los Angeles District Attorney's Office must prove that you had the intent to commit a felony theft before you entered the home. Penal Code 460 PC defines first-degree residential burglary.
If prosecutors cannot provide any evidence of intent before entry was made, then the burglary charge can be reduced to a trespassing charge. If the goal was to commit a misdemeanor crime, then a criminal charge of burglary cannot be proven.
First-degree burglary is a felony theft crime and qualifies as a “strike” under California's Three-Strike Laws.
Second-Degree Burglary
Any other type of burglary is considered a second-degree burglary. This criminal burglary charge typically involves entering a business complex or other commercial structures, and it is also known as commercial burglary.
This type of theft can be prosecuted as a misdemeanor or felony crime. The difference between misdemeanors and felonies in second-degree burglary criminal charges is the value of the property stolen and the defendant's prior criminal record.
Contact our Law Firm for Help
If you find yourself facing charges of residential or commercial burglary, it's crucial that you seek immediate legal counsel from an experienced criminal defense attorney. The seriousness of these charges cannot be overstated, and the potential consequences are severe.
If you are convicted of burglary, the potential consequences are significant. These can include incarceration, hefty fines and restitution, and a permanent criminal record that could severely limit your future employment opportunities. This underscores the importance of seeking legal representation immediately.
Given the potential life-long consequences of a burglary conviction, it is of utmost importance that you seek the legal representation of a skilled criminal attorney immediately. This decision can make a significant difference in the outcome of your case and provide you with the best possible defense.
We will pursue and prepare all legal defenses to first-degree or second-degree burglary charges, auto burglary, or possession of burglary tools under California Penal Code 466. We will aggressively fight the prosecutor's case to obtain the best possible outcome.
Call our law firm for a free case evaluation if you want the most qualified attorney to represent you against your burglary charges.
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