Burglary Laws in California – Penal Code 459 PC

Under California Penal Code 459, burglary is defined as entering a building or structure with the intent to commit theft or any felony.

Unlike many other theft crimes, a burglary charge does not require that anything was actually stolen—only that the intent existed at the time of entry.

Burglary charges in California are taken extremely seriously.

A conviction can lead to jail or prison time, fines, restitution, a permanent criminal record, and even a “strike” under California's Three Strikes law. Early legal representation is critical.

Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles. To schedule a consultation, call (424) 372-3112 or contact us here.

What Is Burglary Under California Law?

A person commits burglary when they:

Enter a building, room, vehicle, or structure
With the intent to commit theft or any felony at the time of entry

The prosecution must prove that criminal intent existed before or at the moment of entry. If intent formed later, burglary may not apply.

Importantly:

No theft needs to occur
No property needs to be taken
The building does not need to be locked

First-Degree Burglary (Residential Burglary)

First-degree burglary, also known as residential burglary, involves entering an inhabited dwelling, such as a house, apartment, or condominium, with the intent to commit theft or a felony.

Key Characteristics

Always charged as a felony
Considered a “strike” offense under California law
Applies even if no one is home at the time

Residential burglary is defined and enhanced under California Penal Code 460.

If prosecutors cannot prove intent prior to entry, the charge may be reduced to trespassing or another lesser offense.

Second-Degree Burglary (Commercial Burglary)

Second-degree burglary includes all burglaries that do not qualify as residential burglary. This typically involves:

Stores
Offices
Warehouses
Schools
Commercial buildings

Second-degree burglary is a “wobbler” offense, meaning it can be charged as either:

A misdemeanor, or
A felony, depending on the facts and criminal history

The property's value and prior convictions often determine how the case is charged.

Common Examples of Burglary Charges

Entering a store intending to shoplift
Breaking into a home intending to steal valuables
Entering an office after hours with the intent to commit fraud
Entering a structure to commit another felony, even if no theft occurs

Because intent is central, burglary cases are highly fact-specific and defensible.

Penalties for Burglary in California

First-Degree Burglary Penalties

2, 4, or 6 years in state prison
Classified as a strike offense
Possible sentencing enhancements

Second-Degree Burglary Penalties

Misdemeanor: Up to 1 year in county jail
Felony: 16 months, 2 years, or 3 years in state prison

Additional penalties may include:

Fines
Restitution
Probation or parole

California Penal Code 12022.4 imposes additional criminal penalties on individuals who aid or abet a felony with a firearm or intentionally assist another person in committing a felony while armed with a firearm.

Related Burglary-Related Offenses

Burglary charges often appear alongside other crimes, including:

California Penal Code 466 – Possession of burglary tools
Auto burglary
Trespassing
Theft offenses
Receiving stolen property

California Penal Code 465 PC makes it a crime to unlawfully enter a locked vehicle or its trunk with the intent to commit theft or another felony upon entry. Multiple charges can significantly increase exposure to sentencing.

Common Defenses to Burglary Charges

A skilled defense attorney may raise defenses such as:

Lack of Intent

If you did not intend to commit theft or a felony at the time of entry, burglary cannot be proven.

Mistaken Identity

Burglary cases often rely on circumstantial evidence or surveillance footage.

Consent or Lawful Entry

If you had permission to enter, burglary may not apply.

Insufficient Evidence

The prosecution must prove intent before entry, not speculation after the fact.

Why a Burglary Conviction Is So Serious

A burglary conviction can:

Permanently damage your criminal record
Affect employment and housing opportunities
Trigger the Three Strikes law consequences
Increase future sentencing exposure

Avoiding a felony conviction—or any conviction at all—is often the most important defense objective.

Charged With Burglary in California?

If you are facing first-degree burglary, second-degree burglary, auto burglary, or possession of burglary tools, immediate legal representation is critical.

Early intervention can:

Prevent strike allegations
Reduce felony charges
Challenge weak evidence
Seek dismissal or reduction

Speak With a California Burglary Defense Attorney

If you are under investigation or have been arrested for burglary, experienced legal defense matters.

Contact Cron, Israels & Stark for a free case evaluation. Our criminal defense attorneys aggressively defend burglary cases throughout Los Angeles County and fight to secure the most favorable outcome possible.

📞 Call (424) 372-3112 today

Burglary