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:
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 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 burglary occurs when if the burglary involved a commercial break in and other type of structure including stores and businesses.
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:
In California, first-degree burglary or residential burglary is always considered a felony. The punishment for first-degree burglary can include:
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:
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