Definition

Burglary in California is defined as entering a property other than your own with the intent to steal or commit  a felony. It does not necessarily have to involve a robbery, and so, the laws are divided into separate categories with separate penalties.  

Elements of the Crime

In order to take a Burglary case to trial under California Penal Code Section 459, certain elements of the crime will have to be proven. These include:

·         That the defendant entered a property other than their own

·         That the defendant deliberately did so to commit a crime or steal

Other incriminating evidence the prosecution will use, is when the defendant was found with common burglar tools. Whenever someone thinks of burglary, they frequently picture a masked person with tools like crow bars, slim jims, screw drivers and others. This is  not a coincidence, as these are regarded as tools for burglary under California law.

Punishments for California Burglary

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, as well as the type of burglary.

1st Degree Burglary is entering the property of where someone lives, or in the presence of another. This is punished by two, three or four years in prison, and up to ten thousand in fines.

2nd Degree Burglary is entering any other property besides a residential one. The fines include either:

·         Misdemeanor for 2nd Degree California Burglary – which carries up to one thousand in fines, and up to six months in jail.

·         Felony for 2nd Degree California Burglary – which carries 16 months, two or three years in prison, and up to $10,000 in fines.

There are additional aggravating factors of the crime, if someone were seriously injured in the course of the burglary.

Legal Defenses for California Penal Code 459

MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Burglary.

Learn more about other California Section Penal Codes here.