Vista Burglary Defense Lawyer

What Is Burglary Under California Law?

While most people associate burglary with theft, it does not always involve taking someone else’s property. Burglary, defined under California Penal Code 459 (PC), involves entering a structure with the intent to commit theft or a felony, such as robbery, kidnapping, or rape.¹ The theft or felony need not be completed.

“One of the most critical elements in a burglary charge is the defendant’s intent at the time of entry,” explains attorney Peter Liss. “Without intent, the crime does not meet the legal definition of burglary.”

Which Structures Are Covered by the Law?

Most people imagine a burglary as a person sneaking into another person’s home in the dead of night, but 459 (PC) covers an extensive number of structures, including:

• Residential structures, including floating homes, garages, apartments, house cars, tenements, outhouses, campers, tents, and individual rooms.
• Commercial structures, including shops, warehouses, and stores.
• Agricultural structures, including mills, barns, and stables.
• Means of transportation, including vessels, trailers, and railroad cars.

While most structures covered by the law can be unlocked at the time of entry, 459 (PC) specifies that vehicle burglary occurs only if the vehicle is locked, and if the offense involves a cargo container, it must be locked or sealed.

First-Degree vs. Second-Degree Burglary

Under Penal Code 460 (PC), burglary charges can be filed in the first-degree or second-degree.² First-degree charges are often called residential burglary because they involve entering an inhabited dwelling. No one needs to be home for the dwelling to be considered inhabited.

All other forms of burglary are charged as second-degree charges. Second-degree charges are often called commercial burglary, but they can also involve vehicles and other non-residential properties.³

What Are the Penalties for Burglary in California?

Burglary sentencing depends on many factors, most critically, whether the offense was charged in the first- or second-degree. Other circumstances that may increase potential penalties can include whether the home was occupied and whether the victim was particularly vulnerable.

First-Degree Burglary Penalties

Residential burglaries are always felonies, punishable by up to six years in prison and $10,000 in fines. First-degree offenses also count as strikes under the Three Strikes Law.

If anyone else was in the home at the time, the crime may be considered a violent felony, regardless of whether anyone was injured. Violent felonies require someone to serve 85% of their sentence before they are eligible for parole.

“The court may also choose to add a one-year enhancement to the sentence if the defendant knew or should reasonably have known that the victim was over 65, under 14, or disabled,” explains Liss.⁴

Second-Degree Burglary Penalties

Commercial and auto burglaries are a wobbler offense, meaning they can be charged as a misdemeanor or a felony. As a misdemeanor, the crime is punishable by up to one year in jail. When charged as a felony, the maximum sentence is three years in prison.

Potential Defenses to Burglary Charges

“The best defense to a burglary charge will vary from case to case, but one of the strongest options involves proof of intent,” says Liss. Because intent at the time of entry is a critical element of this charge, it can be a strong defense to show the prosecution lacks sufficient evidence to prove beyond a reasonable doubt that the defendant intended to steal or commit a felony at the time they entered the structure.

Aside from challenging the prosecution’s ability to show intent, attorneys may also use the following defenses:

• No entry onto the property —even if the defendant intended to enter the property to commit burglary, they must enter the structure itself to have broken the law.
• Claim of right —in cases involving an alleged intent to commit theft, if the defendant reasonably believed the item they intended to steal was their own, this would not be considered intent to steal.
• Mistaken identity or false allegations.
• Insufficient evidence —including evidence corroborating the defendant’s alibi.
• Civil rights violations —including unlawful search and seizure, illegal interrogation tactics, or excessive use of force.
• The vehicle was left unlocked —only applicable in auto burglary cases.

Not every defense works for every case. Attempting to defend yourself to the police without an attorney present could lead you to say something that may hurt your defense options later. Always stay silent when approached by the police and ask to speak with your lawyer.

Burglary vs. Robbery, Trespassing, Shoplifting, and Theft

Burglary shares certain elements with multiple offenses. In fact, what the public commonly calls breaking and entering can actually be charged as burglary, robbery, or trespassing. Similarly, shoplifting, theft, and burglary can be surprisingly similar. Here’s how these related charges differ from burglary offenses:

Robbery

Robbery involves taking property through force or fear. Burglary, on the other hand, involves entering a structure with the intent to steal or commit a felony. Someone may be guilty of both crimes if they enter a property with the intent to steal through the use of force or fear.

More about robbery here.

Trespassing

Trespassing involves entering a property without permission or with the intent to interfere with the owner’s property rights, while entering a property with the intent to commit theft or a felony is burglary. If someone enters a property without permission while intending to steal or commit a felony, they could be charged with both crimes.

More about trespassing here.

Shoplifting

If you enter a property during standard business hours with the intent to steal goods valued at $950 or less, you could be charged with shoplifting. However, if you entered outside of business hours or intended to take more than $950 in goods or commit a felony, it may be considered burglary. Prosecutors cannot file both shoplifting and burglary charges for the same offense.

More about shoplifting here.

Theft

Theft involves taking property that rightfully belongs to someone else. When the offense is valued at less than $950, it is charged as petty theft, while values over that amount are charged as grand theft. To be charged with theft, you must take possession of the property, whereas burglary only requires entering a structure with the intent to commit theft or a felony.

If you successfully steal property during a burglary, you could be charged with both offenses.

More about theft here.

How a Vista Burglary Defense Lawyer Can Help

Call an attorney as soon as possible if you have been accused of burglary. Your lawyer can help defend your rights and challenge the charges by:

• Striving to secure minimal or alternative sentencing whenever possible.
• Reviewing the evidence against you, including police reports, witness accounts, and surveillance footage.
• Listening to your side of the events and helping identify evidence to support your story, such as photographs, emails, texts, and alibis.
• Evaluating your potential defenses.
• Hiring independent forensic experts or private investigators to help build your case, if necessary.
• Filing pre-trial motions on your behalf.
• Working to reach a strong plea bargain to minimize your charges or sentencing.
• Fighting the charges in trial, if necessary.

Burglary Defense in Vista

If you have been charged with burglary in North San Diego County, please call attorney Peter Liss to schedule a free consultation. He has 40 years of experience helping people fight these serious charges and can help you build the strongest possible defenses. Please call (760) 643-4050 to schedule a free initial consultation.