California Burglary Laws

In California, burglary is broadly defined as entry into any structure, container, or other enumerated building with the intent to commit larceny or a felony within. Unlike some states, California’s burglary law does not require forced entry, does not limit “burglary” to daytime or nighttime, and does not limit the crime to habitations.

Prosecutors can file burglary charges independently of any other charges for a crime committed on the property, but it’s often charged alongside other felony offenses such as arson, robbery, and shoplifting. A defendant can receive a burglary conviction even if there was no breaking and entering and even if they took nothing from the property.

California Burglary Laws

Burglary in the state of California (California Penal Code 459) meticulously lists every possible property that a defendant could enter and receive a charge of burglary. In addition to common residential and commercial structures, the burglary statute covers:

• Tents, campers, and trailers
• Railroad cars and aircraft
• Locked or sealed cargo containers
• Mines

A property is considered “inhabited” if anyone lives there, regardless of whether they’re home at the time of the burglary or not. The property remains a “dwelling” under the law if the residents have relocated due to a natural disaster or other emergency,

First-Degree Burglary

First-degree burglary involves entering an inhabited dwelling. The residents do not need to be present for the crime to be charged as first-degree burglary.

Second-Degree Burglary

All other burglaries are second-degree burglaries. Commercial buildings, rail cars, and office buildings are examples of second-degree burglaries.

Shoplifting

Shoplifting is entering a commercial establishment with the intent to steal property during regular business hours. The value of the property must remain below $950 (petty theft). Shoplifting is the only type of burglary offense where the time of day is one of the elements of the crime.

Possession of Burglary Tools

The legality of burglary tools, like drug paraphernalia, depends on the circumstances. Lockpicks, master keys, screwdrivers, or crowbars are reasonable things to have at some places and some times. Center punches (used to break car windows), foil-lined bags (“booster bags”), and other items are less innocent. Being caught with these can enhance a burglary charge.

Elements of Burglary

In California, burglary is a crime of specific intent. To prove someone committed first-degree residential burglary, a prosecutor must show that the defendant entered a building with the intent to commit a crime. The intention must exist before the defendant entered the building. If someone is trespassing and steals something when they exit, the crime was theft, not burglary. Burglary is often part of other criminal charges, such as:

• Sex crimes: If a defendant entered a home intending to commit sexual assault, they also committed burglary
• Theft crimes: Entering a museum to steal a valuable painting is burglary as well as grand theft
• Auto burglary: Entering a locked car to take the radio is burglary

Law enforcement can infer intent from the defendant’s acts. If someone enters a store without any money and with no ability to pay, a police officer could infer that they intended to shoplift after they take items and exit the store.

Penalties for Burglary

Sanctions for burglary in California vary and depend on a number of factors. The penalties include:

• First-degree burglary is a felony with possible penalties of two, four, or six years in prison. Defendants may also receive fines of up to $1,000 and have to pay restitution to the victims. First-degree burglary convictions count under California’s three-strikes law.
• Second-degree burglary is a “wobbler” offense. Minor offenses by first-time criminals may result in a year in county jail, fines of up to $1,000, or both. Serious offenses or repeat offenders may receive 16 months, two years, or three years in state prison. Defendants may also receive fines and other penalties.
• Shoplifting is a misdemeanor punishable by up to six months in jail and fines of up to $1,000. Defendants may have to pay restitution to the victims.

Any conviction that includes incarceration can affect your future long after time has been served. It’s a good idea to meet with a criminal defense attorney if you’re facing any burglary charges.

Defenses to Burglary

Since burglary is a crime of specific intent, the prosecutor must prove your guilt by showing that you entered the structure intending to commit a crime inside. Common defense options to a burglary charge include:

• Lack of intent: If the defendant entered the building without intending to commit a crime, the burglary charge might not stick. A homeless person who entered a home during a blizzard to stay warm but stole some money on the way out has likely committed theft, not burglary.
• Permission to enter: Because California’s law does not require “breaking,” it is possible to commit burglary even with permission to enter. If you can show that the owner let you in and you did not go where you were not supposed to, it’s strong evidence that you lacked intent when you entered the building.
• Mistake of fact: A “mistake of fact” means you thought you could do something that turned out to be wrong. If a friend told you it was okay to enter their home while they were away and take something that belonged to his ex-wife, you committed burglary. However, your friend misled you.

Every criminal case is unique, and burglary is no exception. Having an expert in criminal law on your side to battle a felony charge can keep you out of a California state prison.

Get Legal Advice From a California Criminal Defense Attorney

Proving the crime of burglary in California, particularly the element of intent, can be a significant hurdle for a prosecutor. If you have questions about how to win your case or want to know about any possible defenses, reach out to an experienced criminal defense lawyer. They can examine the facts of your burglary case, help you craft a defense strategy, and stand with you as you fight against this serious crime.