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People commonly use the phrase “breaking and entering” to describe a forced entry into a building or structure. For example, a burglar might break a window or pry open a door to enter someone’s house and commit a felony, theft, or another offense.
However, under California law, there is no specific crime called “breaking and entering.” The breaking requirement for 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, force is not required to constitute burglary—simply placing a body part, such as an arm or leg, into a window or door is enough to constitute entry under 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 it, you can be charged with armed robbery, which carries harsh penalties.
Breaking and entering is often used in reference to trespassing, which, under California Penal Code 602, is defined as willfully entering someone’s property with the specific intent of interfering with their property rights. This might involve entering someone’s property to cause damage or obstruct business, or even occupying someone’s property as in the case of “squatters.” Trespassing can involve entry through force or fraud.
Similar to trespassing, breaking and entering can also be used to describe vandalism. California Penal Code 594 defines vandalism as the act of defacing, damaging, or destroying another’s property.
If you are accused of trespassing on someone’s property, the charge requires that you “occupied” the property and/or refused to leave after being asked by the owner. If you did not actually occupy the property, you did not commit this type of trespass. The property owner must claim that you deprived them of the use or enjoyment of the property for a substantial period of time. Therefore, if you can show that your stay was brief or that your presence did not affect the owner’s use or enjoyment, you will not be guilty of this type of trespassing.
