Burglary Law in California – Penal Code 459 PC
California Penal Code 459 PC defines burglary as entering a residential or commercial structure or a locked vehicle with intent to commit petty theft, grand theft, or a felony crime.
Once someone enters a structure with criminal intent, they have committed a PC 459 burglary even if they do not complete the intended crime, such as stealing property inside.
In California, burglary is divided into first-degree residential burglary and second-degree burglary of any other structure, such as a business.
PC 459 says, “Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel... with intent to commit grand or petit larceny or any felony is guilty of burglary. Inhabited means currently used for dwelling purposes, whether occupied or not.”
First-degree “residential” burglary is always a felony in California and can result in up to six years in state prison. Second-degree “commercial” burglary is a “wobbler” that can be charged as either a misdemeanor or felony.
Penal Code 459.5 defines the crime of shoplifting, which occurs when somebody enters an open business intending to steal merchandise valued at $950 or less. Let's review this state law in more detail below.
What Does the Law Say?
Under California Criminal Jury Instructions 1700, a Penal Code 459 PC burglary charge requires a prosecutor to prove all the elements of the crime beyond a reasonable doubt, including the following:
- You entered a building, room, locked vehicle, or structure;
- When entering, you intended to commit either a felony or a theft;
- The value of the property you intended to steal was over $950; or
- The structure you entered was not a commercial business or
- The structure was a commercial business, but you entered outside regular business hours.
What is PC 459 First-Degree Burglary?
First-degree burglary typically involves entering a dwelling designed for habitation, but it does mean people were at home when the crime occurred. Further, the defendant either stole or intended to steal property at $950 or more.
Inhabited means that people use the structure as a dwelling place. A “residence” under the law includes the following:
- home,
- room in a home,
- guest home,
- apartment,
- hotel or motel room,
- recreational vehicle.
If convicted of the felony crime of PC 459 first-degree burglary, it carries the following penalties:
- two, four, or six years in state prison,
- a fine of up to $10,000,
- formal probation,
- a “strike” under California's three strikes law.
A judge will not usually grant probation only for a first-degree burglary conviction.
What is a PC 459 Second-Degree Burglary?
Second-degree includes all other types of burglaries outside any structure considered residential.
This typically involves commercial burglary of a store, business, or other type of structure that is closed during regular business hours. Penal Code 459.5 shoplifting charges could be filed if the company was open during regular hours.
PC 459 Second-degree burglary can be charged as either a misdemeanor or a felony (wobbler). A misdemeanor carries the following penalties:
- up to one year in county jail,
- a fine of up to $1,000,
- summary probation.
A felony second-degree commercial burglary carries the following penalties:
- 16 months, two years, or three years in state prison,
- a fine of up to $10,000,
- formal felony probation.
What is a Home Invasion Burglary?
A home invasion burglary is the most serious due to the potential for injuries to a victim inside the home, highlighting the urgency of addressing this issue.
It's defined as “a person who breaks into a dwelling with the intent to commit a felony, a larceny, or assault in the dwelling with other occupiers present is guilty of home invasion.”
If at any time someone is entering the dwelling armed with a dangerous weapon or another person is present, they can be charged with first-degree home invasion.
The penalties for home invasion include up to 20 years in a state prison. If convicted of a home invasion in the second degree, the penalties include up to 15 years in prison and a fine of up to $3,000.
What Are the Related Crimes for PC 459?
Several California laws are related to Penal Code 459 PC burglary, including the following:
- Penal Code 460 PC - first-degree residential burglary,
- Penal Code 466 PC – possess burglary tools,
- Penal Code 464 PC – burglary of a safe,
- Penal Code 459.5 PC – shoplifting,
- Penal Code 487 PC – grand theft,
- Penal Code 484 PC – petty theft,
- Penal Code 211 PC – robbery,
- Penal Code 602 PC – trespassing.
What Are the Defenses for PC 459?
If charged with PC 459 burglary, a California criminal defense can use several strategies for the best possible outcome, including the following:
- lack of intent,
- mistaken identity,
- mistaken intent,
- false accusation,
- police misconduct.
Perhaps we can argue that you did not intend to commit a theft or felony once inside the structure, as the timing of intent is critical. On the other hand, maybe we can say that there is insufficient evidence, mistaken identity, or misconduct by police.
Perhaps we can advocate successfully for an alternative to prosecution, early disposition court, or pretrial diversion.
Perhaps we can negotiate with the prosecutor for lesser charges or even get the case dismissed. Maybe we can avoid the formal filing of charges through prefiling intervention (DA reject).
Burglary charges, especially residential ones, are extremely serious. They are considered a strike, leading to prison time. If a person is present during the burglary, it's not just a strike; it's a violent felony, and any prison time you receive, you'll have to serve at 85%. This underscores the urgency of seeking immediate legal counsel.
Given the serious nature of burglary charges, it's imperative to seek the guidance of an experienced defense attorney. They will review all the discoveries, videos, and other evidence, providing you with the support and reassurance you need during this challenging time.
When facing burglary charges, it's important to make informed decisions. Your defense attorney can help you decide whether to fight the charges or submit a mitigation package to the prosecutor in an effort to avoid a burglary charge. This empowerment in decision-making can significantly impact the outcome of your case.
So, if you or a loved one is charged with burglary, you need the best criminal defense attorney who has handled many cases and gone down the road you're about to travel; pick up the phone now and ask for a meeting with Ron Hedding. I stand ready to help you.
You can contact our law firm by phone or through the contact form. The Hedding Law Firm is located in Los Angeles, California.
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