Burglary

California Penal Code Section 459 defines burglary as entering a room, structure, or locked vehicle with the intent to commit a theft or any felony. Burglary is a ‘wobbler’, meaning it can be charged either as a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history. For instance, residential burglary is always charged as a felony, carrying a maximum sentence of six years in state prison, a fine of up to $10,000, and a strike on your record per California’s three strikes law. This sentence may be enhanced further if someone was in the home or structure you entered, or if you have prior felony convictions.

Even if theft was not your intention upon entry, if you entered with the intent to commit any felony, you can still be charged with burglary.

Examples of Defenses Against Burglary

Mistaken Identity

Mistaken identity is a common defense against burglary charges. One can easily be wrongly identified as the perpetrator if the real perpetrator was masked. Our firm, Walk Tree Law, has had success in convincing courts that our clients were not the offenders, especially in cases occurring in poorly lit locations or where the perpetrator’s identity was intentionally concealed.

Reclaiming Your Own Property

Under California law, you are allowed to exercise reasonable force to reclaim property that is rightfully yours. Therefore, if you entered a structure solely to reclaim your own property, you are not guilty of burglary, as your intent was only to retrieve what belongs to you.

After Acquired Intent

This defense applies if you did not intend to steal or commit a felony until after you were inside. For example, if you were browsing a store and then spontaneously decided to take an item, you are liable for theft but not burglary, as the intent to steal was formed only after entry.

Mere Presence

If you were merely present at the scene when a burglary took place, you are not culpable—even if you knew the individuals who committed the crime. This is simply a case of being at the wrong place at the wrong time.

If you are facing burglary charges, contact us to explore potential defenses and protect your rights.