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California Penal Code 459 PC Burglary

CALIFORNIA PENAL CODE 459 PC BURGLARY

According to California Penal Code Section 459, burglary is the act of entering into a residential or commercial structure with the intent to commit either a theft crime or felony.

To be convicted of burglary the prosecution must prove the following elements:

  • Defendant entered a building, room, locked vehicle or structure. For being convicted in a burglary a person doesn’t not require to “break into” a property, it is enough to enter a structure through an unlocked or open door or a window;
  • Defendant intended to commit a theft crime or felony at the time of entering the building, room, vehicle or structure;
  • Defendant stole or had an intent to steal a property, which value  was more than nine hundred fifty dollars.

California burglary law also differentiates between two forms of burglary charges which are categorized as first-degree burglary and second-degree burglary.

California First Degree Burglary Charges

California first-degree burglary is burglary of a residence. A “residence” can be any of the following: inhabited house, a room within an inhabited house, inhabited floating home, inhabited hotel or motel room, inhabited trailer coach, inhabited floating home. Residence will still be considered inhabited even if the occupants left it because of a natural disaster or other type of disaster. 

California Second Degree Commercial Burglary

California second-degree burglary occurs when if the burglary involved a commercial break in and other type of structure including stores and businesses.

Defenses for Penal Code 459 Burglary

Lack of Intent is a legal defense to Penal Code 459 Burglary If the defendant did not have intent to commit a theft or a felony at the time of entering the structure, he can’t be found guilty of burglary.  

Factual innocence is also a legal defense to California burglary charge and occurs when an innocent defendant is accused for a charge which may include the following:

  • False accusation
  • Mistaken identity
  • Deceptive evidence

Penalties for California First-Degree Burglary Conviction

In California, first-degree burglary or residential burglary is always considered a felony. The punishment for first-degree burglary can include:

  • Two, four or six years in California State Prison
  • Felony Probation and/or
  • A fine up to $10,000 dollars

Penalties for California Second-Degree Felony Burglary Conviction

Under Penal Code Section 459 second-degree or commercial burglary is considered a wobbler.  Conviction for commercial burglary carries a less harsh penalty than a conviction for first degree burglary. Depending on specific circumstances and the defendant’s criminal history this type of burglary can be charged as either a felony or a misdemeanor. Penalties for second-degree felony burglary are:

  • Felony probation;
  • 16 months, two or three years in county jail; and/or
  • A fine up to $10,000 dollars

Get Help Defending California Burglary Charges from an Experienced Lawyer

Hire the most dedicated Glendale criminal defense lawyer to the legal services you require! Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171 at any time!


KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.

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