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’, which means that the offense can be charged either as a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history, if any. For example, residential burglary is always charged as a felony and will result in a maximum sentence of six years in state prison, a maximum of a $10,000 fine, and a strike on your record according to California’s three strikes law. This sentence can be enhanced further if someone was in the home or structure that you entered and you have prior felony convictions.
Even if you did not enter a structure with the intention of committing theft, if you enter with the intent to commit any felony, you can be charged with burglary.
Even if you did not enter a structure with the intention of committing theft, if you enter with the intent to commit any felony, you can be charged with burglary.
Examples of Defenses Against Burglary
Mistaken identity is a common defense against burglary charges. One can easily become a victim of mistaken identity in a situation where the perpetrator wore a mask or Walk Tree Law has been very successful convincing courts that our clients were not the perpetrator(s), especially when the incident took place at a poorly lit location or the perpetrator’s identity was intentionally obscured.
Under California law, you are allowed to exercise reasonable force in to reclaim property that is rightfully yours. Therefore, if the sole reason you entered a structure, commercial or residential, was to reclaim something that belongs to you, you are not guilty of burglary, because your intent was merely to reclaim your property.
Another common defense to burglary charges is ‘after acquired intent’, which means that you did not intend to steal or commit a felony until after you were already inside the structure. For example, while browsing a store, you see an item that you desire and you spontaneously steal it. In this case, you are liable for theft but not burglary because you did not intend to steal until after you had entered the structure.
Finally, if you are merely present when a burglary takes place, you are not culpable even if the people who committed the burglary were people that you knew. This is simply being at the wrong place at the wrong time.
Under California law, you are allowed to exercise reasonable force in to reclaim property that is rightfully yours. Therefore, if the sole reason you entered a structure, commercial or residential, was to reclaim something that belongs to you, you are not guilty of burglary, because your intent was merely to reclaim your property.
Another common defense to burglary charges is ‘after acquired intent’, which means that you did not intend to steal or commit a felony until after you were already inside the structure. For example, while browsing a store, you see an item that you desire and you spontaneously steal it. In this case, you are liable for theft but not burglary because you did not intend to steal until after you had entered the structure.
Finally, if you are merely present when a burglary takes place, you are not culpable even if the people who committed the burglary were people that you knew. This is simply being at the wrong place at the wrong time.