Commercial Burglary: California Penal Code 459

Los Angeles Commercial and Residential Burglary Defense Lawyers

We Help Individuals Accused of Burglary Protect their Rights

If you have been accused of burglary in the state of California, it’s critical that you retain qualified legal counsel right away. Under state law, Burglary can be prosecuted as a misdemeanor or a felony, with varying degrees of consequences and penalties. If you or someone you know is charged with burglary, it is crucial that you contact an experienced California criminal defense attorney as soon as possible. To schedule a free consultation with the Law Offices of David S. Chesley, call us today at 800-755-5174.

Burglary Overview

Burglary is defined as the act of entering a building or other structure with the intent to commit a theft or other felony. A range of factors determines the specifics of the burglary charge. These factors largely depend on the actions of the person who is facing such charges. A few examples of a situation that may give rise to a burglary charge are:

• Opening the window of another person's home and reaching in to remove their property
• Entering through the doorway of a home with the intent to remove property
• Entering a department store with the intent to steal clothing or other items
• Entering another person's garage without consent to remove lawn equipment
• Unlocking a vehicle to take a GPS or other item

A burglary charge requires proof of entry with intent, at that time, to commit theft or another felony; possession of ordinary tools alone does not establish that intent. For example, if you have certain tools in your possession, such as a screwdriver, crowbar, lock pick, keys, spark plugs, bolt cutters, hammer, explosives, etc. these may point to evidence of your intent. Any item that could be used as an instrument to break into a structure or vehicle could be used as evidence against you.

There are specific distinctions when it comes to the type of burglary. The facts and circumstances determine the type of charge you will receive for the criminal act. Two important categories of burglary are commercial and residential. Each is identified by specific factors discussed below.

Commercial Burglary

A second-degree commercial burglary allegation requires proof that the person entered a place of business with the intent at entry to commit theft or another felony. A narrower, related charge is shoplifting, which covers entry while open during regular business hours with intent to commit larceny when the property taken or intended to be taken is worth no more than $950. Other commercial entries with that intent can be burglary. For the same property, a person charged with section 459.5 shoplifting may not also be charged with burglary or theft. Second-degree burglary can be prosecuted as a misdemeanor or felony; the charging paper and evidence control.

Residential Burglary

First-degree burglary concerns an inhabited dwelling or other inhabited structure specified by Penal Code section 460, not merely whether a person owns the premises. A qualifying residential burglary conviction can count as a serious-felony strike. A later sentence depends on the new offense, the number and type of pleaded prior strikes, and the court’s findings; one prior strike and two prior strikes are not the same rule.

The consequences of a burglary conviction at any degree can have lifelong effects. A criminal record has personal, professional, and financial implications that may be difficult to manage. An experienced Los Angeles criminal defense attorney can help you understand the laws surrounding a burglary charge, potential conviction, and which consequences may apply to you.

Degrees of Burglary

The degree of burglary you are charged with comes with its own set of consequences. If you are convicted, the seriousness of the fines and length of a prison sentence will vary based on the facts and circumstances of your case and any prior criminal record.

First-degree burglary under section 460(a) concerns an inhabited dwelling house, vessel, floating home, trailer coach or inhabited part of another building. The base consequences include:

• Maximum fine of $10,000
• A two-, four-, or six-year base state-prison term under section 461(a)
• A qualifying residential-burglary conviction may count as a serious-felony strike

Second-degree burglary covers burglaries not classified as first degree under section 460; it can involve a business, certain vehicles or other structures. Section 461(b) permits misdemeanor or felony punishment. The actual entry and charge, not a business label alone, determine the degree. Base consequences include:

• Misdemeanor – maximum one year in county jail
• Felony – a 16-month, two-year, or three-year base term under section 461(b), ordinarily served under the applicable county-jail sentencing rules unless another law applies

Your sentence may be enhanced only when a separately applicable allegation is charged and proved; a prior felony conviction by itself does not add one year in every burglary case. A residential burglary can be classified as violent under section 667.5(c)(21) when a person other than an accomplice is present. Check the charged degree and these facts:

1. A first-degree residential burglary conviction
2. Someone is present in the home at the time of the act

A prior-violent-felony allegation has its own statutory elements and sentencing rules; the prior record alone does not fix an additional term.

A California criminal defense attorney can discuss the possibility of reducing a felony charge to a misdemeanor or having your record expunged of your conviction if you are eligible to do so. Various conditions apply in order to obtain a remedy of this nature. Some parameters could include - you may not be on probation for any offense, all court-ordered obligations are complete, you've paid all fines, etc. To discuss these possibilities and what may be required of you, the Law Offices of David S. Chesley can help.

Your Defense

Burglary does not require a forced or otherwise unlawful entry. The prosecution must prove an entry and the intent, at the time of entry, to commit theft or another felony; it does not have to prove the intended crime was completed. If intent at entry cannot be proved beyond a reasonable doubt, counsel can challenge that element and the charged theory. The disposition depends on the evidence and court process. Some of the possible defenses you may be able to bring are:

• Mistakenly identified
• You had consent to take the property
• You did not enter the building (cross the threshold such as walking through a door, into a garage, or reaching through a window)
• You had no intent to commit a crime
• Your intent to commit a crime arose once inside the building
• Evidence obtained in violation of Fourth Amendment
• Custodial statements taken without required Miranda warnings, if the suppression rule applies
• If a vehicle involved, it was unlocked
• You were with a group of people committing a crime but had no knowledge of their intent to do so

Building a defense to a burglary charge requires attention to detail and knowledge of the various range of explanations you may have that surround the incident. A criminal defense attorney in Los Angeles who is skilled in this area of law can help you decide what the best defenses are for your case.

Call a Los Angeles Burglary Defense Attorney Today to Schedule a Free Consultation

A burglary misdemeanor or felony conviction is a mark on your record that could affect your personal, professional, and financial future. The stress of facing these charges and dealing with the aftermath of an arrest is difficult. The consequences of a prison sentence, large fines, etc. are real possibilities that a Los Angeles criminal defense attorney can help you understand. The highest priority is securing the best outcome possible for your case. Avoiding a criminal conviction, or reducing your charge or penalties requires a comprehensive understanding of the law. Contact the Law Offices of David S. Chesley today at 800-755-5174 or fill out our contact form online for a free consultation.