The understanding of burglary has evolved through the changes our society has undergone over the years. Its definition too varies. However, the agreeable definition includes entering, a dwelling or property belonging to another, with the intent to commit a felony as key elements. Burglary attracts both prison time and fines if convicted and the possibility of a conviction reduces significantly with legal representation. California Criminal Lawyer Group is conversant with burglary cases. Our years of experience defending clients and history of successful representation in burglary matters makes the attorney of choice. Give us a call today.
Burglary Under California Law PC 459
PC 459’s definition of burglary does incorporate the above-named elements. The law considers burglary a crime defined as any entering of another’s residential structure, commercial building, or locked vehicle with the intent of committing petty, grand theft, or a felony once inside.
Burglary is complete once you access another’s property with criminal intent. That means you can still face burglary charges and penalties if convicted even if you did not steal any item from the property. Conversely, if you developed the intent to steal the valuables in the property after gaining entry into the building, you did not commit burglary.
The burden of proof rests with prosecutors. They need to prove the following elements to secure a conviction under PC 459.
- You entered a building, room within a structure, or a locked car.
- You intended to steal or commit a felony when you access the building, room, car, or structure.
Additionally, as the third element in the case, prosecutors must demonstrate the following elements to be true in your case. One or two of the three elements must be true.
- The valuables you intended to steal or stole exceeded $90 in value.
- The building you broke into and entered was not a commercial establishment.
- The structure you gained access to was a commercial establishment. However, you accessed it outside business hours.
Breaking and Entering
The common assumption is that all burglary cases must involve a sign of forced entry (breaking and entering). However, this is a popular misconception. The threshold in burglary cases is your intent of stealing valuables before accessing a structure, residential or commercial, and access to the property. Access under PC 459 does not include forced entry.
However, PC 49 makes one exception. Burglarizing a vehicle can only happen if it was locked. Therefore, you can only be found guilty of burglarizing a car if you broke and stole the vehicle or the valuables in the vehicle.
Entering a Structure
As per PC 459, entering is accessing the inside a building or structure’s outer boundary with a part of your body or an object under your control. Here’s a look at some examples that meet the definition of entering a structure.
- An individual reaches through an open window and makes away with a handbag.
- An individual intending to steal valuables in a particular house removes the screen from one of the house’s windows and is busted by a neighbor before he can gain entry into the home.
- A person intending to assault a lady in one of the apartments sexually uses a ladder to access the first floor, where the apartment is located. He reaches the balcony and climbs over.
A burglary occurs in three different forms, namely, residential, commercial, and auto burglary.
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Residential Burglary
The above assessment introduces two aspects, residential and commercial burglary.
A residential burglary occurs when the structure a defendant breaks into and enters is where the victim resides. This form of burglary is pursued as a felony. A residence includes a house, room inside a house, floating home, boat, trailer coach, hotel or motel room, or a portion of any other kind of structure.
All the above examples of residences are inhabited. Meaning another uses the premises as a dwelling. However, it does not have to be occupied at the time of the crime. A structure not considered inhabited means that the resident moved out with no intention of returning to the dwelling, with one exception: they moved out because of a disaster, either natural like flooding or otherwise like a gas leak.
It is worth noting, a house under burglary includes any structure attached or functionally connected with a house like garages or sheds.
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Commercial Burglary
Commercial burglary, on the other hand, occurs where the building accessed is a business premise. This burglary is a misdemeanor violation.
Residential and commercial burglary is the basis of first and second-degree burglary violations. First-degree burglary is burglary of a residence, while second-degree burglary targets commercial buildings.
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Auto Burglary
PC 459 also addresses auto burglary. Entering a locked vehicle with the intention of committing a felony or petty theft while inside the car violates PC 459. Three elements must be true for a successful conviction.
Entering a Locked Car
A locked vehicle will have its windows, doors, or trunk reasonably inaccessible to anyone without the owner’s authority. Accessing it will require altering the vehicle’s physical structure. You will have to smash the car’s window or tamper with the car’s locking system.
From PC 459’s definition, even if the windows were slightly rolled down and you reached out to open the car’s door through the opening created by the cracked window, you will face auto burglary charges. This is because the act is one way of breaking and entering.
Entering a Car
If part of or your entire body accesses the inside o a vehicle, you are deemed to have entered the vehicle. Further, using an object to access the inside of a car is also a violation of PC 459.
Intending to Commit theft or a Felony
Your intentions are critical in determining your guilt. Prosecutors must demonstrate that you either intended to commit a felony or theft while inside the vehicle. The felonies considered include:
- Grand theft auto, which is stealing the car after breaking into it.
- Grand theft, which is stealing items valued at $950 or more.
- Petty theft, which is stealing items valued at less than $950.
- Kidnapping a child or adult who was inside the locked car.
Your auto burglary case will be dismissed if you did not intend to steal any item in the vehicle or commit any kind of felony.
Note, you don’t have to have followed through with the felony or theft to be guilty under PC 459. All that matters is your intention to commit theft or a felony.
Differentiating Burglary From Shoplifting
Shoplifting is defined by PC 459.5 as entering a commercial structure during operating hours and intending to steal property valued at $950 or less. The fundamentals in shoplifting cases is the value of the items stolen.
For example, two people walk in a department store during operating hours to make away with any items of value. Both are caught by security on their way out. One is caught with a phone valued at $550. The friend, on the other hand, made away with $1,200 shoes.
Will they both face shoplifting charges?
Both intended to rob the store before they gained access. However, both will face different charges. Shoplifting case will be pursued for the stolen phone valued at $550 and burglary charges for the pair of shoes valued at $1,200.
Proposition 47, passed in 2014, introduced shoplifting as a crime on its own. The proposition sought to reduce the penalties imposed for several minor offenses, including shoplifting. Before then, shoplifters could be convicted of second-degree burglary/commercial burglary. After Proposition 47 was adopted, shoplifters who stole items valued at $950 or less faced misdemeanor charges.
However, if you have any priors in your record for murder, rape, sex crimes against children, or for any other serious crime, you will face felony charges. Further, if you were required to register as a sex offender, you would face felony charges.
Before Prop 47 came into effect, there were individuals who were convicted of burglary charges or the crime that meets the shoplifting threshold. They can apply for resentencing to receive shoplifting misdemeanor penalties.
Why is the resentencing application important?
A successful application means that the felony tag the burglary conviction introduced to your record will be struck off. This means you avoid the stigma associated with the felony tag, especially when seeking employment, credit facilities, and buying a house, among others.
Penalties a PC 459 Conviction Attracts
Penalties under PC 459 vary based on the circumstances in your case. Hee is a breakdown under each conviction.
Penalties for a First-Degree Conviction
First-degree or residential burglary violations are punishable by a two, four, or six-year prison sentence or formal probation in lieu of prison time. Additionally, offenders will part with $10,000 in fines.
First-degree burglary is a strikeable offense. You, therefore, will receive a strike on your record pursuant to California’s Three Strikes Law.
Penalties for a Second-Degree Conviction
Second-degree burglary offenses are wobbler violations. You can either be convicted of a misdemeanor or a felony violation. Nevertheless, a conviction for a second-degree offense attracts less harsh penalties than those issued for first-degree offenses.
Misdemeanor violations are penalized by a one-year jail term or summary probation. Additionally, defendants will have to part with $1,000 in fines.
Felony violations are punishable by a sixteen-month, two, or three-year jail term or felony probation. Additionally, a conviction attracts a $10,000 fine.
Take note: auto burglary is a second-degree violation of PC 459. Therefore, a conviction will attract the above penalties. However, breaking into a trailer coach, like an RV, is a first-degree offense because trailer coaches are used as residential units. The violation is considered a felony.
Sentence Enhancements
Burglary offenders are candidates for sentence enhancements. However, they must meet the threshold set by PC 667.5. The law prescribes an additional one-year prison sentence for felony burglary offenders for each prior felony conviction.
Individuals convicted of a violent felony under PC 459 will receive an additional three years in prison for each prior conviction. You would be sentenced for a violent felony burglary offense if there was another person in the residence, other than an accomplice at the time you committed the crime.
Fighting Burglary Charges
Prosecutors bear the burden of proof. They must prove their case beyond a reasonable doubt for you to be found guilty of burglary. A credible criminal defense attorney’s job is to formulate a strategy that creates reasonable doubt. From that, your case can either be dismissed or your charges reduced.
Here are a few common defenses your attorney will employ.
Lack of Intent
Prosecutors must prove that you intended to commit a felony or theft once you accessed the structure or property. Additionally, you must have had the intent before entering the building, structure, property, or car. If you formed the intention after already gaining access, you are not in violation of PC 459.
For Example, John and Pat are next-door neighbors. Pat had given John his laptop. On returning the laptop, John realized Pat’s door was unlocked. He decided to get into the house, place the laptop on the dinner table with a note. On his way out, John sees Pat’s wallet, and he takes out $200, leaving the wallet with the remaining cash behind.
John is guilty of petty theft. He took $200 from Pat’s wallet. He, however, will not face burglary charges because he did not intend to steal before he got into Pat’s house. John only decided to steal the $200 after seeing the wallet while inside the house.
Mistake of Fact
Mistake of fact or claim of right is closely related to lack of intent. This defense is introduced if you entered another’s home to return an item you reasonably believed to be yours. You also believed you had permission to take the item.
Factual Innocence
It is not uncommon for innocent people to be arrested by mistake. The arrests are informed by eyewitness accounts and evidence like fingerprints found at the property. Your attorney will establish your innocence by proving that you are a victim of mistaken identity, false accusation, or misleading evidence.
Misidentification is common. An eyewitness may call the police giving them your description, believing you to be the burglary suspect. This is the case, especially if the caller was in the vicinity but did not witness the crime.
In other instances, another may falsely claim you to be the burglary suspect as an act of revenge, hate, or envy. The whole case may be built based on their testimony. However, an experienced defense attorney can ascertain the witness’ testimony through cross-examination, thereby proving your innocence.
Misleading evidence can put you at the crime scene. For example, your fingerprints may be lifted from areas of interest in the house. However, you were there before as a guest or another legitimate reason. All these reasons will be introduced in your defense.
Police Misconduct
Police may fabricate or plant evidence, ask leading questions to a witness, conduct unwarranted searches and seizures that end up pointing to you as the culprit in their zeal to arrest a suspect. Further, during interrogations, they may coerce your confession.
Your Sacramento criminal attorney will file a Pitchess motion if there is a reasonable belief that police misconduct is evident in your case. The motion grants your attorney access to similar complaints against the officers. If a pattern is established, your case will be dismissed. If the case proceeds to trial, your attorney will present police misconduct as a defense, and the jury will find you not guilty.
Insufficient Evidence
It can always be argued that prosecutors lack sufficient evidence. Thus, they failed to prove their burglary case against you.
Offenses Related to Burglary
Below are the crimes closely related to burglary.
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Robbery, a PC 211 Violation
It is an offense, under PC 211, to feloniously take another’s property or possessions from their immediate possession and against their will through fear or force.
You will face criminal charges under PC 211 if:
- You enter another’s structure or property.
- Once inside, through intimidation, force, or ear, obtain their property or possession in their person.
- You intended to do so at the time of entering said property or structure.
Robbery differs from burglary in that robbery involves the threat of or use of violence and taking another’s property. Both elements are not pivotal for a burglary conviction.
Robbery charges either fall under first-degree or second-degree.
First-degree offenses occur when:
- The victim is either a passenger or a driver of public transportation or a vehicle or hire.
- The offense took place in an inhabited boat, house, or trailer, or
- The robbery occurred immediately after or when the victim was using an ATM.
If convicted, you could spend three, four, or six years in prison and part with $10,000 in fines. Alternatively, the judge may issue formal probation terms instead of prison time.
Second-degree robbery is any other form of robbery not defined as a first-degree robbery offense. A conviction results in two, three, or five years in prison or formal probation. Additionally, offenders will be required to pay up to $10,000 in fines.
Robbery counts are based on the number of victims. If you had three victims, you would face three counts of robbery. However, you will face only one count of robbery even if you stole several items.
Robbery cases attract additional penalties. If the victim in the case suffered significant bodily harm, you would face an additional three to six years. If you used a gun, your additional sentences will be pursuant to the 10-20-life use of a gun rule. You will receive an additional:
- Ten years for using a gun in the robbery.
- Twenty years for intentionally firing the gun.
- Twenty-five years to life for causing great bodily harm or death of the robbery victim.
Additionally, robbery is a strikeable offense. Therefore, a strike will be added to your record pursuant to California’s Three Strikes law.
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Possession of Burglary Tools, a PC 466 Violation
It is illegal to possess burglary tools with the intention of utilizing them in a crime. Burglary tools include pliers, crowbars, slim jims, screwdrivers, and picklocks. Further, it is a crime under PC 466 to make or alter another’s key without their consent to access the property in their control.
If at the time you were arrested, you were committing burglary or had shortly before then committed burglary, you will be charged for both burglary and PC 466 offenses.
PC 466 is a misdemeanor punishable by a jail sentence of up to six months or summary probation in lieu of jail time. Additionally, the judge may impose a $1,000 fine.
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Forgery, a PC 470 Violation
Under PC 470, it is a crime to alter, use, or falsify a document with the intent of committing fraud. This definition encompasses the following activities as criminal.
- Forging or counterfeiting another’s handwriting or seal.
- Signing another’s name onto a document or using a fictitious individual.
- Falsify, corrupt, or alter any legal document including a will, judgment, or legal records.
- Counterfeiting, forging, or altering bonds, checks, and money orders.
Forgery is a wobbler. You can be convicted of a misdemeanor or a felony. Misdemeanor offenders will spend one year in jail or serve out a summary probation sentence. Additionally, a fine of up to $1,000 will be imposed.
Felony offenders, on the other hand, risk serving formal probation terms or a jail sentence of three years. A further $10,000 penalty will be issued.
Engage an Experienced Criminal Attorney Near Me
Burglary offenses do attract severe penalties that will have an adverse impact on your life. A criminal record will affect your access to credit facilities, access and ability to retain a job, and your ability to rent or own a home. A reputable attorney’s input in your case increases your chances of dismissal or charge reduction. At California Criminal Lawyer Group, our vast experience in criminal defense will prove beneficial for your case. Give us a call today at 916-775-7660.