Definition

Residential Burglary under California Penal Code Section 459, is a criminal offence and it is normally filed as a felony. Residential Burglary is when  and individual goes into someone’s abode, with the purpose to steal.

Elements of the Crime

In order to take a Residential Burglary CPC 459 case to trial, certain elements of the crime will have to be proven. This includes:

·         That the defendant deliberately went into another’s home

·         That the defendant did so to steal

Punishments for CPC 459

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of Residential Burglary, it is usually filed as either a felony, which inludes:

Felony charges for Residential Burglary include two, four or six years in prison, and up to ten thousand dollars in fine.

Legal Defenses for California Penal Code 459

A good lawyer can present many legal and valid defenses for Residential Burglary charges under California Penal Code 459 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Residential Burglary. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Residential Burglary.

Learn more about other California Section Penal Codes here.