BURGLARY

Definition of Burglary

Most people believe that the charge of Burglary has something to do with a Theft, but that is not necessarily the case. Burglary is a property crime as it does have to do with allegations of unlawfully gaining entrance to a building. However, a Burglary can be charged under California PC 459 when a person enters a building with the intent to commit either a petty or grand theft; or any other felony. The type of Burglary you are charged with depends on the type of building in question. The definition of this charge is outlined in more detail below as we break down both Burglary in the Second Degree and Burglary in the First Degree. Read on to learn more about each.

Definition of Entering

Burglary involves allegations of entering a building. Under PC 459, Burglary does not require breaking into a building, a Burglary can be charged even if the building was unlocked, or you were invited inside. Entering an unlocked building, a room within a building or a locked vehicle or other structure can satisfy a Burglary as long as the intent requirement is met.

Intent Requirement

Note that the definition of Burglary under PC 459 requires the intent to commit a theft or other felony - it does not actually require you to complete the crime, just the intent is enough. The intent must exist when you enter the building, therefore if you entered the building with no intent to commit any crime, but then decide to commit a theft on your way out; that is technically not a Burglary.

Two Degrees of Burglary

In California, some crimes have multiple degrees of seriousness, and this is one such charge. Burglary has two degrees of seriousness, with First Degree being the most serious. First Degree being a burglary of a residential building, and second being any other type of building. Both are discussed below.

BURGLARY IN THE FIRST DEGREE

Definition of Burglary in the First Degree

Under PC 460, Burglary in the First Degree is residential burglary - meaning a burglary of an inhabited structure. Usually this involves a house or apartment, but can also include other dwellings such as a trailer, boat, hotel room or rented room.

This charge is a felony.

Potential Outcomes for a charge of Burglary in the First Degree

As a felony, this charge carries the most serious consequences of any burglary offense. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Felonies carry serious consequences, and require serious defense. To find out what might be possible in your case, you can schedule a free consultation here.

Potential punishments for a conviction for Burglary in the First Degree range as follows:

Up to 6 years in prison
- or more depending on enhancements and strike history
Fines of $0-$10,000
Probation
Restitution
Prohibition of Possessing Firearms
A Restraining Order with the alleged victim

BURGLARY IN THE SECOND DEGREE

Definition of Burglary in the Second Degree

Under PC 459, a Second Degree Burglary is a burglary of any structure that does not meet the definition of a residential burglary as defined above for a First Degree Burglary.

This charge is a wobbler, meaning it can be charged as a misdemeanor or a felony depending on the allegations.

Potential Outcomes for a charge of Burglary in the Second Degree

As a wobbler that can be charged as a felony, this charge has serious consequences if convicted. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.

Potential punishments for a conviction for Burglary in the Second Degree range as follows:

As a Felony:

Up to 3 years in prison
- or more depending on enhancements and strike history
Fines of $0-$10,000
Probation
Restitution
Prohibition of Possessing Firearms
A Restraining Order with the alleged victim

As a Misdemeanor:

Up to 1 year in jail
- or more depending on enhancements and strike history
Fines of $0-$1,000
Probation
Restitution
Prohibition of Possessing Firearms
A Restraining Order with the alleged victim

WHAT CAN YOU DO ABOUT A CHARGE FOR BURGLARY?

What should I do if I am accused of Burglary?

If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.

What should I do if I am charged with Burglary?

If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges, especially when you are facing a felony. Read more about what to do if you have been arrested here, or charged with a crime here.

Can I get my case dismissed?

The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. We can walk you through what options are possible in your case.