Burglary

Burglary, a criminal offense under Penal Code 459, entails unlawfully entering a building, structure, or dwelling to commit a felony, theft, or other unlawful acts within. This offense infringes upon individuals' privacy by unlawfully gaining access to their premises. The severity of the penalties associated with burglary charges varies and relies on several factors, including the type of property involved, occupancy status during the incident, and the value of the property stolen or damaged.

 A conviction results in significant penalties and post-conviction consequences. It is crucial to enlist the assistance of a tenacious attorney who can vigorously defend against these charges. Fresno attorneys at the California Criminal Lawyer Group are ready to assist and represent you. We will work to ensure we secure the most favorable legal outcome for your case.

 Burglary as Defined Under Penal Code 459

 Burglary, as defined under Penal Code 459, involves entering a structure, building, or dwelling with the intent to commit theft or any felony. This code provides a framework outlining the various elements, classifications, and penalties associated with burglary offenses.

 Further, PC 459’s definition of burglary provides the elements of the crime prosecutors must prove to establish your guilt. The state must prove that:

• You unlawfully entered a specific building, structure, or dwelling — Your unauthorized entry could involve forcibly breaking a locked door, surreptitiously gaining access through a window, or employing other means to circumvent legitimate entry points.
• Your entry was accompanied by the intent to commit a felony or theft inside the targeted building or structure — This intent can be inferred from your observed actions, statements, or other compelling evidence presented during the proceedings.
• Your entry into the building, structure, or dwelling was unlawful — This entails proving that you lacked proper authorization or consent from the owner or occupant to enter the premises. Such unlawfulness manifests as overcoming physical barriers, circumventing security measures, or entering without a legitimate right.

In addition to these elements, prosecutors must demonstrate that at least one of the following conditions is true:

• The value of the property stolen or intended to be stolen exceeded $950.
• The structure you unlawfully entered was not a commercial establishment.
• Alternatively, if the structure you entered was a commercial establishment, prosecutors must establish that you entered it outside regular business hours.

Let us look at the elements in more detail.

What it Means to Enter a Structure

Gaining entry into a structure means acquiring access or making an unpermitted entry into a building, dwelling, or other enclosed space. This act implies surpassing boundaries or circumventing physical barriers that impede entry without lawful authorization.

You can enter a structure in diverse ways, including:

• Physical entry — This entails physically traversing into the inner realm of a structure by unlatching a door, ascending through a window, shattering a wall, or utilizing any means to secure access.
• Unauthorized access — This involves scenarios where you enter through illegitimate methods, like manipulating locks using lock-picking tools, picking or circumventing secured mechanisms, or exploiting vulnerabilities in security systems.
• Constructive entry — In specific circumstances, entering extends to situations where an individual refrains from physically crossing the threshold but extends an unsanctioned influence or control within the structure. This can involve inserting tools or devices through openings to manipulate objects or retrieve items from inside.

Intent to Commit a Felony or Theft

Burglary charges, as defined under Penal Code 459, do not require you to successfully commit a crime after unlawfully entering a place. The code's emphasis lies in entering a structure, building, or dwelling without authorization and with the intent to commit a felony or theft inside.

The crucial factor is the intent to commit a felony or theft at the moment of unlawfully entering a building, structure, or dwelling. According to Penal Code 459, this intent must be present at the entry to warrant a burglary charge. If you formed the intention to commit theft after gaining access to the building, it does not satisfy the requisite elements for a burglary offense. The timing of intent is a significant factor that can impact the classification of the crime committed.

Types of Burglary

Burglary is charged in the first or second degree.

1. First-Degree Burglary

First-degree burglary is the unauthorized entry into a residential dwelling. Under first-degree burglary, two issues are critical, namely:

Residential Dwelling

A burglary must occur within a residence. Legally, a residence is a location designated for habitation. Examples of residences include:

• A boat.
• A house and all structures attached to the house.
• An apartment.
• A trailer coach.
• A motel or hotel room, or
• A portion of a building.

Occupancy

The residential dwelling must either be presently occupied by individuals or capable of being occupied at the time of the burglary. Only then can the entry meet the first-degree burglary threshold. Occupancy implies the potential presence of occupants or the active utilization of the dwelling as a residence.

If the residents have temporarily moved out of the dwelling to return after a temporary absence, the residence is deemed inhabited. This can apply in situations, for example, when residents evacuate due to natural disasters, undergo renovations, or experience other temporary factors that necessitate their absence.

Conversely, if the residents have permanently vacated the dwelling without any intention of returning unless a natural or other disaster prompted the departure, the residence no longer satisfies the criteria to be considered inhabited.

Due to the heightened potential for harm or confrontation with occupants, first-degree burglary often carries steeper penalties.

2. Second-Degree Burglary

You will be found guilty of second-degree burglary when you unlawfully enter and remain in a non-residential structure, like commercial establishments, offices, or warehouses.

Although second-degree burglary is generally regarded as a less severe offense compared to first-degree burglary, it is still considered a criminal act with legal ramifications.

Burglary and “Breaking and Entering”

While burglary and “breaking and entering” are similar, they have distinct legal definitions and implications.

Burglary is a broader term that relates to unlawfully entering a structure, building, or dwelling intending to commit a felony or theft inside. It focuses on unauthorized entry and criminal intent, regardless of whether force was used to gain access. Burglary can involve entering through unlocked doors, open windows, or any other unauthorized access point.

Auto burglary, also known as vehicle or car burglary, is often considered an exception. It refers explicitly to unlawfully entering a motor vehicle intending to commit theft or another felony. This act involves gaining unauthorized access to a car, typically to steal items or tamper with the vehicle.

In contrast, "breaking and entering" highlights using force or breaking through physical barriers to unlawfully enter a property. It emphasizes overcoming locks, doors, windows, or other obstacles by applying force or causing damage.

Burglary and Shoplifting

Burglary and shoplifting are two distinct offenses, although both involve theft.

While burglary encompasses unlawful entry into a structure with the intent to commit theft or a felony, shoplifting specifically refers to the act of stealing property from a commercial establishment during its regular business hours. Shoplifting occurs when someone enters a retail establishment during operating hours intending to steal items valued at $950 or less.

The elements that need to be proven for burglary include unauthorized entry into a structure and the intent to commit theft or a felony inside. On the other hand, shoplifting requires the act of entering a commercial establishment during business hours with the intent to steal property worth $950 or less.

Proposition 47, or the Safe Neighborhoods and Schools Act, was approved by California voters in 2014. Its purpose was to reclassify certain non-violent offenses from felonies to misdemeanors, including shoplifting, in specific situations.

Under Proposition 47, shoplifting offenses involving stolen property valued at $950 or less are generally treated as misdemeanors instead of felonies. This means that individuals accused of such shoplifting offenses could face lesser penalties. However, some exceptions can result in felony charges and more severe consequences. They are:

• Having a prior conviction for serious crimes like rape, murder, or sex crimes against children — If you have a prior conviction for these serious offenses and shoplift, you could face felony charges and the associated penalties.
• When you are required to register as a sex offender due to a prior sex offense conviction — If you shoplift in this situation, you could also face felony charges and the corresponding penalties. This additional factor can elevate the severity of the charges, aligning them with those for second-degree burglary under Penal Code 459, a felony offense.

Defenses You Can Raise in a Burglary Case

Prosecutors must prove their case beyond a reasonable doubt. Your defense attorney will use several defense strategies to create reasonable doubt. Their choice of the ideal defense depends on the facts of your case. Here are a few defenses your attorney could use:

1. Lack of Intent

In a burglary case, one possible defense is to dispute the presence of intent. You can assert that you did not possess the necessary intent to commit a felony or theft at the moment of entering the structure. Proving intent is an essential element that the prosecution must establish convincingly.

You can introduce evidence or arguments highlighting your innocent state of mind or lack of awareness regarding any criminal activity to support a lack of intent. For instance, you might contend that you mistakenly entered the structure, believing it to be a different location, or that you had a legitimate purpose for being there that had no connection to criminal intent.

Furthermore, the timing of the intent becomes a critical factor in a burglary case. If you formed the intent only after entering the building, it might not meet the requirement for a burglary charge.

Your defense attorney will assert that you cannot be deemed guilty of burglary without the pre-existing intent to commit a crime at entry. The prosecution must prove, beyond a reasonable doubt, that you possessed the necessary intent when unlawfully entering the building. You challenge the prosecution's ability to fulfill this burden of proof by presenting evidence or arguments suggesting that the intent formed after entry.

2. Factual Innocence

Factual innocence asserts your complete innocence regarding the charges brought against you. Your attorney will argue that you did not commit the burglary or any associated offense. This defense aims to challenge the prosecution's evidence and present compelling arguments and evidence that establish your non-involvement in the alleged crime.

Mistaken arrests and charges can arise from various factors, ranging from human fallibility and misinformation to errors in identification and incomplete investigative procedures. Law enforcement officers, acting in good faith but susceptible to mistakes, could inadvertently arrest and charge you based on inaccurate information, unreliable witness testimonies, flawed evidence, or procedural missteps.

To bolster your claim of factual innocence, you can introduce several pieces of evidence to challenge the prosecution's case:

• Alibi evidence allows you to provide proof or present witnesses who can verify that you were in a different location at the time of the burglary. This includes surveillance footage, corroborating witness statements, or any documentation that definitively establishes your presence elsewhere during the purported offense.
• Forensic evidence presents scientific or expert testimony that contradicts the prosecution's narrative. This involves DNA analysis, fingerprint comparisons, or any other form of forensic testing that conclusively excludes your involvement in the alleged crime.
• Witness testimony, particularly from credible individuals, can offer compelling accounts that substantiate your innocence or provide an alternative version of events. These witnesses could have witnessed the actual perpetrator, possess information that attests to your impeccable character, or offer testimonies that cast doubt upon the prosecution's case.
• Surveillance footage or photographic evidence can provide visual documentation that directly challenges the allegations put forth by the prosecution, placing you in an entirely different location at the precise time of the burglary.

3. Asserting a Mistake of Fact or Claim of Right

In a burglary case, you can employ the defense strategies of mistake of fact or claim of right. These defenses aim to undermine the element of criminal intent by asserting that you held a reasonable belief in a mistaken fact or a legitimate claim of right to enter the structure.

A mistake of fact arises when you genuinely and reasonably believe certain circumstances to be true, which, if accurate, would negate the required criminal intent for burglary. For instance, you can argue that you honestly believed you had explicit permission to enter the structure or were under the mistaken impression that you possessed ownership or legal rights to access the property.

Conversely, a claim of right defense asserts that you legitimately believed you were entitled to enter the structure based on a right or authority you possessed. This defense is applicable when you genuinely believe you have a lawful right to access the property, even if others challenge or dispute your belief.

Both mistakes of fact and claim of right defenses challenge the prosecution's case by introducing evidence or arguments that demonstrate your reasonable belief or legitimate claim at the time of the alleged burglary. You can introduce the following as evidence in support of your assertion:

• Relevant documents or records that substantiate your claim of right — This includes lease agreements, property ownership documents, written permissions, or any correspondence indicating your lawful entitlement to access the property.
• Witnesses who can testify to your belief, understanding, or interactions related to the property in question — These include individuals who can confirm your mistaken belief, provide statements from property owners or authorized persons, or offer evidence supporting your rightful claim to the property.
• Demonstrating a consistent pattern of conduct or behavior bolsters your belief or claim of right — This could involve showing a history of authorized access to the property, previous interactions with property owners that indicate your entitlement, or evidence of your adherence to property use policies over time.

4. Police Misconduct

Police misconduct encompasses a wide range of behaviors that violate legal and ethical standards and undermine public trust in law enforcement. Some examples of police misconduct include:

• Excessive use of force — Refers to situations where officers employ unnecessary or disproportionate force during interactions with individuals, leading to physical harm or injury.
• False arrest or wrongful detention — This occurs when individuals are arrested or detained without proper legal justification or in violation of their constitutional rights.
• Racial profiling — Involves targeting individuals based on their race, ethnicity, or other protected characteristics rather than on reasonable suspicion or evidence of criminal activity.
• Fabrication of evidence — This refers to the intentional manipulation or falsification of evidence by police officers to strengthen a case or wrongfully incriminate an individual.
• Intimidation or harassment — Officers could engage in behaviors that intimidate or harass individuals, including using threats, coercion, or abusive language.
• Corruption or bribery — This pertains to instances where officers participate in unlawful activities, like accepting bribes, engaging in organized crime, or using their authority for personal gain.
• Failure to intervene — This occurs when officers witness the misconduct of their colleagues but fail to intervene or report it, enabling the continuation of wrongful actions.

Your attorney will use the Pitchess motion when asserting this defense. By filing the motion, your attorneys initiate a legal process through which you seek access to an officer's personnel records.

The purpose of this motion, named after the landmark California Supreme Court case Pitchess v. Superior Court, is to shed light on any patterns of misconduct or credibility issues that could significantly impact the officer's testimony and raise doubts about their overall credibility.

If you can successfully demonstrate a consistent pattern of police misconduct involving the officer involved in your PC 459 case, it has the potential to influence the outcome significantly. Such revelations can compel the prosecutor or judge to reassess the charges against you, potentially resulting in their dismissal. Moreover, if your case proceeds to trial, presenting compelling evidence of the officer's misconduct to the jury can introduce doubt regarding the prosecution's case, ultimately leading to a verdict of not guilty.

Penalties Under Penal Code 459

Sentences vary depending on the burglary charge the courts convict you of.

1. First-Degree Burglary

First-degree burglary is a felony violation. The offense is punishable by the following penalties:

• 2, 4, or 6 years in prison.
• A fine of up to $10,000 or both.
• Formal or felony probation instead of imprisonment.
• A strike per California’s Three Strikes Law.

2. Second-Degree Burglary

Second-degree burglary is a wobbler. You can face misdemeanor or felony penalties upon conviction.

Misdemeanor violations are punishable by the following penalties:

• A maximum of one year in jail.
• A fine of up to $1,000 or both.
• Informal or misdemeanor probation instead of jail time.

Felony violations are punishable by the following penalties:

• 16 months, 2 or 3 years in prison.
• A fine of up to $10,000 or both.
• Formal or felony probation instead of imprisonment.

Related Offenses

1. Possession of Burglary Tools

Possessing burglary tools, as defined by Penal Code 466 PC, involves having specific tools or instruments intended to be used for burglary or related offenses. This law aims to target individuals who possess tools specifically designed or commonly used for breaking into structures or committing theft-related crimes.

The prosecution must provide convincing evidence for the following elements:

• You had control or ownership of the tools in question — This can involve physical possession, where you held the tools, or constructive possession, where you could control or access the tools.
• You were aware of the nature and character of the tools, understanding that they were suitable for use in committing a burglary or related offense.
• You possessed the tools intending to use them to commit burglary, theft, or similar offenses — It is crucial to note that the intent to commit the crime must be present when possessing the tools.

The specific tools covered by PC 466 can vary but generally encompass items such as picklocks, crowbars, slim jims, master keys, or any other device commonly employed to gain unauthorized entry into structures.

PC 466 violations are misdemeanors punishable by:

• Up to six months in jail.
• A fine of up to $1,000 or both.

Find a Criminal Defense Attorney Near Me

If you find yourself or someone you know currently under investigation, facing charges, or awaiting trial for burglary, seek legal assistance immediately. Experienced attorneys at California Criminal Lawyer Group are ready to offer legal assistance.

We understand the gravity of the situation and offer an initial consultation, during which we can delve into the intricacies of your case, examine the details, and craft a strategic approach to pursue the most favorable outcome possible. Contact our Fresno offices at 559-712-8377.