Breaking and Entering
People commonly use the phrase “breaking and entering” in reference to a forced entry into a building or structure. For examples, a burglar might break a window or pry open a door to enter someone’s house and commit a felony, theft or otherwise.
However, under California law, there is no specific crime called “breaking and entering”. The breaking requirement of burglary was eliminated in the late 1800s.
Therefore, the term “breaking and entering” is really an umbrella term that applies to several other crimes. One of these is burglary, which California Penal Code 459 defines as entering someone’s property with the intent of committing a felony or theft once inside. However, as mentioned before, force is not required to constitute burglary and simply placing a body part such as an arm or leg into a window or door is sufficient to constitute an entry for the purposes of California Penal Code 459. Moreover, if someone else is present in the structure while the crime is being committed, you may be charged with the more serious crime of robbery, which involves the use of force or fear. If you carry a weapon during the robbery, whether or not you use the weapon, you can be charged with armed robbery, which carries harsh sentences and penalties.
Breaking and entering is often used in reference to trespassing, which under California Penal Code 602, is defined as willfully entering someone another’s property with the specific intent of interfering with their property rights. This might be entering someone’s property to do damage or to obstruct business. It might be entering and occupying someone’s property as in the case of “squatters”. Trespassing can be entry through force or through fraud.
Similar to trespassing, breaking and entering can be used to describe vandalism. California Penal Code 594 defines vandalism as the act of defacing, damaging, or destroying someone another’s property.
However, under California law, there is no specific crime called “breaking and entering”. The breaking requirement of burglary was eliminated in the late 1800s.
Therefore, the term “breaking and entering” is really an umbrella term that applies to several other crimes. One of these is burglary, which California Penal Code 459 defines as entering someone’s property with the intent of committing a felony or theft once inside. However, as mentioned before, force is not required to constitute burglary and simply placing a body part such as an arm or leg into a window or door is sufficient to constitute an entry for the purposes of California Penal Code 459. Moreover, if someone else is present in the structure while the crime is being committed, you may be charged with the more serious crime of robbery, which involves the use of force or fear. If you carry a weapon during the robbery, whether or not you use the weapon, you can be charged with armed robbery, which carries harsh sentences and penalties.
Breaking and entering is often used in reference to trespassing, which under California Penal Code 602, is defined as willfully entering someone another’s property with the specific intent of interfering with their property rights. This might be entering someone’s property to do damage or to obstruct business. It might be entering and occupying someone’s property as in the case of “squatters”. Trespassing can be entry through force or through fraud.
Similar to trespassing, breaking and entering can be used to describe vandalism. California Penal Code 594 defines vandalism as the act of defacing, damaging, or destroying someone another’s property.
Examples of Defenses Against Breaking and Entering
If you are accused of trespassing on someone’s property, the charge requires that you “occupied” the property and/or you refused to leave the property after being asked to leave by the owner. However if you did not actually occupy the property, you did not commit this type of trespass. The property owner has to claim that you deprived him or her of the use or enjoyment of the property and did so for a substantial period of time. Therefore, if you can show that your stay was only brief or that your presence on the property did not affect the owner’s use or enjoyment of the property, you will not be guilty of this type of trespassing.