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San Bernardino Burglary Defense Lawyers

California Penal Code 459

The Los Angeles criminal defense attorneys of our firm defend clients accused of burglary throughout Southern California, including San Bernardino, Los Angeles, Riverside and Orange County.

Definitions of First and Second Degree Burglary

Burglary is defined in California Penal Code Section 459 as entering a structure with the intent to commit a theft or any felony inside. Although burglary is often referred to as "breaking and entering," the offense can be charged even if there is no forced entry of the structure. All that is required is that the defendant entered a building intending to commit the theft or felony once inside.

If the structure is an inhabited dwelling (someone's home), then the offense is first degree burglary. First degree burglary is a strike under California's three strikes law, and the penalty for first degree burglary is up to six years of state prison.

If the structure is not an inhabited dwelling, the crime is second degree burglary. Under California law, second degree burglary is not a strike and the punishment for conviction is up to three years state prison (or up to one year county jail if the conviction is for a misdemeanor burglary).

California Penal Code Section 459

Auto Burglary

California law defines auto burglary as breaking into a locked vehicle with the intent to steal either the vehicle itself or property contained inside the vehicle. Auto burglary is second degree burglary by definition and can be punished by up to three years of state prison. If the suspect drives off in the vehicle, he may also be charged with grand theft auto under California Penal Code Section 487.

Burglary Defense Attorneys

If you or a loved one has been arrested for burglary, we urge you to call and speak with one of our criminal defense attorneys about the allegations. There may be a number of factual and legal defenses to the burglary charge. Our burglary defense lawyers would be happy to discuss the case with you, and see what we can do to help.

California Jury Instructions on Burglary

To prove that the defendant committed the crime of burglary, the state must prove that:

1. The defendant entered a building, room within a building, or locked vehicle;

AND

2. At the time of entering the building, room within the building, or locked vehicle, the burglary defendant intended to commit misdemeanor theft or any felony.

A burglary took place if the defendant entered intending to commit theft or any felony. It is not necessary for the burglary defendant to have actually committed the theft or felony, so long as he entered with the intent to do so.

Under California's burglary law, someone enters a building if any part of his body (or if an object under his control) penetrates through the outer boundary of the structure. This outer boundary includes the area inside a window screen.

Burglar Internet Resources

Burglary Prevention Council
Resources, statistics and information on burglary crimes in the United States.

Crime Doctor
Tips and advice on how to equip your home to avoid becoming a burglary victim.

Avoiding Burglary
Insurance industry resources on burglary avoidance for homeowners, renters and drivers.

Penal Code Section 459