Los Angeles Burglary Defense Attorney

California burglary charges turn on what a person intended when entering a building, room, or qualifying vehicle. Under Penal Code 459, prosecutors must prove entry with the intent to commit theft or another felony. They do not have to prove that a theft was completed.

Robert M. Helfend defends burglary and other theft charges throughout Los Angeles County. His review begins with the evidence of entry, identification, and intent, along with the way police obtained that evidence. Residential, commercial, and vehicle burglary cases raise different questions and carry different consequences.

The elements of burglary under Penal Code 459

For a burglary conviction, the prosecutor must prove beyond a reasonable doubt that the defendant entered a place covered by the statute with the intent to commit theft or another felony. A completed theft is not required. Intent formed only after entry does not establish burglary based on that entry.

First-degree burglary generally involves an inhabited dwelling or another residential place specified in Penal Code 460. Other burglary is second degree. The location, its use, and the circumstances of entry matter.

How burglary differs from shoplifting

Entering an open commercial establishment during regular business hours with intent to commit larceny involving property valued at $950 or less generally falls under the separate shoplifting statute, Penal Code 459.5. Statutory exceptions and qualifying prior convictions require review. The $950 threshold is not a universal requirement for burglary.

How is “entering” a structure legally defined?

“Entering” a structure is defined under California Penal Code Section 459 PC as the penetration of an area inside a building’s outer boundary by part of your body or an object under your control.

Entry into a building need not be forced. Vehicle burglary under Penal Code 459 generally requires a locked vehicle; that is distinct from proving a broken lock or from the separate forcible-entry offense under Penal Code 465.

Penal Code 459 lists several kinds of places and conveyances that can qualify for burglary. Whether an unusual enclosure or area falls within the statute depends on the law and facts; proximity to a building alone does not establish a qualifying entry.

California burglary penalties

First-degree residential burglary

First-degree burglary is a felony and ordinarily carries a two-, four-, or six-year state prison term. It is a serious felony for California’s Three Strikes Law. Probation eligibility and additional allegations require separate review.

Second-degree burglary

Second-degree burglary is generally a wobbler. A misdemeanor can carry up to one year in county jail. A felony ordinarily carries 16 months, two years, or three years under Penal Code 1170(h), with custody placement and eligibility affected by the record and applicable law.

Restitution, fines, supervision, and other conditions may also apply. A qualifying sex offense committed during a burglary can implicate the One Strike law, but burglary alone does not automatically create a 15-years-to-life sentence.

Related offenses

There are several California theft crimes related to Penal Code 459 PC. The most closely related offenses are:

• Robbery – Penal Code 211 PC

• Shoplifting – Penal Code 459.5 PC

• Burglary of a safe or vault – Penal Code 464 PC

• Possession of burglary tools – Penal Code 466 PC

• Forgery – Penal Code 470 PC

• Petty Theft – Penal Code 484 PC

• Grand Theft – Penal Code 487 PC

• Receiving Stolen Property – Penal Code 496(a) PC

• Embezzlement – Penal Code 503 PC

• Trespass – Penal Code 602 PC

• Burglary with the intent to commit a sexual assault – Penal Code 667.61(d)(4)

Legal defenses against burglary charges

A burglary defense starts with the elements the prosecutor must prove. The most useful strategy may focus on intent, identification, permission concerning the property, or the admissibility of evidence.

Lack of intent

In order to be found guilty of burglary you must have had specific intent to enter a building, structure, or vehicle, as well as intent to commit theft or a felony crime once inside. You must also have intended to commit the theft or felony prior to entering the structure. 

Mistaken identity

Video doorbell footage, other surveillance, witness accounts, and reliable location records may help show that police identified the wrong person. Preserve this evidence promptly, since footage and electronic records may not remain available indefinitely.

Mistake of fact

A genuine belief that you owned the property or had permission to take it may negate the required intent. The defense depends on the facts and the alleged intended offense; permission to enter is not automatically permission to commit theft or another felony.

Police misconduct

Counsel can challenge coerced statements, improper identification procedures, fabricated evidence, or an unlawful search. A Miranda issue concerns specified custodial questioning and the use of resulting statements; it does not automatically dismiss the entire case.

Vehicle burglary and auto burglary charges

What makes entry into a vehicle burglary?

Auto burglary under Penal Code 459 generally requires entry into a locked vehicle with intent to commit theft or another felony. Entry can be minimal: a hand or a tool crossing into the vehicle may be enough. A locked trunk or another locked part of a vehicle can also raise an entry issue.

A common example is breaking a parked car’s window and reaching inside to steal property. Opening a locked trunk with the required intent can also qualify. The prosecution still must connect the accused person to the entry and prove the intent existed at that time.

Evidence that matters in an auto burglary defense

• Whether the vehicle was locked. A witness’s assumption should be compared with photographs, damage, video, and the method of entry.

• Identification. Poor lighting, brief observations, unclear footage, and an unreliable identification procedure may leave reasonable doubt about who entered the vehicle.

• Intent. Being near a vehicle does not prove an intent to steal. Statements, conduct, tools, and the surrounding circumstances must be considered together.

• Searches and seizures. Evidence recovered during an unlawful stop or search may be subject to suppression when the legal requirements are met.

Vehicle burglary is generally second-degree burglary, with the misdemeanor and felony ranges described above. An unlocked vehicle can defeat an element of Penal Code 459 auto burglary without eliminating a separate theft or forcible-entry allegation.

Vehicle burglary and the newer forcible-entry offense

The locked-vehicle requirement relates to auto burglary under Penal Code 459. California also has a separate offense under Penal Code 465 for forcibly entering a vehicle with intent to commit theft or a felony. An unlocked vehicle does not automatically rule out every vehicle-entry charge. The exact statute and alleged method of entry matter.

Frequently asked questions

Does burglary require a completed theft?

No. Prosecutors must prove the required intent at the time of entry, but they do not have to prove that the intended theft or felony was completed.

What is the difference between first-degree and second-degree burglary?

First-degree burglary generally involves an inhabited dwelling or another residential place specified by California law. Other burglary is second degree. The classification affects the available sentence and other consequences.

Does the vehicle have to be locked for auto burglary?

Auto burglary under Penal Code 459 generally requires a locked vehicle. California’s separate Penal Code 465 offense covers qualifying forcible entry into a vehicle with the required criminal intent, so an unlocked vehicle does not rule out every possible entry charge.

Is auto burglary a misdemeanor or a felony?

Auto burglary is generally second-degree burglary and is usually a wobbler. A misdemeanor can carry up to one year in county jail; the ordinary felony term is 16 months, two years, or three years under Penal Code 1170(h). The record and any additional allegations matter.

Speak with a Los Angeles burglary defense attorney

The Helfend Law Group is a criminal defense law firm serving Los Angeles County. Robert M. Helfend has practiced since 1984 and works directly with his clients. Call 800-834-6434 for a free consultation about the charge, the evidence, and the next court date.

References

1. California Penal Code Section 459. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=459.&lawCode=PEN