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Burglary When People Are Home

What Happens If You Commit a Burglary While Someone Was Home?

California Penal Code 459 PC defines the crime of first-degree burglary as the act of entering a residential structure with intent to commit grand or petty theft or any other felony offense.

The key term in any burglary prosecution is “intent.” A crime of first-degree burglary is committed the moment you enter a residence with criminal intent, regardless of whether you stole anything from inside.

Put simply, the crime of burglary is completed the instant someone enters a structure with criminal intent, even if nothing is taken.

California's PC 459 burglary laws are divided into first-degree or second-degree burglary, which covers burglary of all non-residential structures, such as a business.

The article will focus on a first-degree burglary when people are actually inside the home when you are burglarizing it.

Penal Code 459 PC says:

  • “Any person who enters a house, apartment, shop, warehouse, store, tent… or other building intending to commit grand or petty larceny, or other felony crimes, is guilty of burglary.”

A Penal Code 459 First-degree burglary is always a felony crime punishable by up to six years in state prison.

Our Los Angeles criminal defense attorneys are providing an overview below.

PC 459 Home Invasion Burglary

First-degree is a residential burglary involving entering a dwelling designed for habitation.

Penal Code 459 PC Home Invasion Burglary

Suppose you break into and enter a dwelling with the intent to commit a felony, a theft, or assault inside the home with the occupant present. In that case, you are guilty of home invasion, also considered a residential burglary under Penal Code 459 PC.

If you enter or exit a home while armed with a dangerous weapon or someone is present at the time, then you will usually be charged with first-degree home invasion.

Suppose you enter a dwelling intending to commit a felony, theft, or assault but don't commit these crimes once inside. In that case, you will usually be charged with a second-degree home invasion.

If you intend to commit a misdemeanor and enter without permission, then it's a third-degree home invasion.

What is Considered a Residence?

A “residence” under the context of Penal Code 459 burglary includes a:

  • home,
  • apartment,
  • guest house,
  • boat,
  • hotel room,
  • recreational vehicles.

Recall that PC 459 burglary involves entering a non-commercial structure with the intent to commit a crime or a felony offense.

First-degree burglary requires illegal entry into a “residence,” such as a traditional home.

What Are the Penalties for First-Degree Burglary?

If convicted of a PC 459 first-degree burglary, then you are guilty of a felony crime punishable by the following:

  • up to six years in a California state prison,
  • a maximum fine of $10,000,
  • formal probation,
  • a “strike” under the three strikes law.

Most judges will not grant a defendant probation only for a first-degree burglary conviction.

What are the consequences of breaking into someone's home to burglarize it and having them present at the time?

These burglary cases in California involving the person present are much more severe than when the person is not present.

The logic behind this is there is much more likelihood of some confrontation and violence that can occur if you break into someone's house to commit a burglary and they're home at the time.

They may arm themselves.  You may be armed.  There may be some physical confrontation, and that's how people get injured and that's how people get killed.  So, burglary when a person is present is:

  • a violent felony,
  • it's a strike and
  • The defendant is typically looking at prison time.

Someone's Home is Their Castle

When you look at the policy behind why this is more serious and why the consequences are likely prison with a lengthy sentence, a strike, and a violent felony serving 85%, you have to assess from a prosecutor and judge standpoint. Even society's standpoint is that someone's home is their castle.

That's their sanctuary. That's where they live. That's where they go to get away from everybody, and if someone is going to disturb that sanctuary, break-in, try and take their property, and potentially injure them or kill them, that's why the judges and prosecutors are so harsh on these crimes.

You must also realize they're putting themselves in the victims' shoes.  They're realizing they've got a home that somebody could break into and somebody could hurt one of their family members or them.

So, when judges and prosecutors start to put themselves in the shoes of some of these victims, I find that they're much harsher and more conservative in their approach to a sentence under those circumstances.

How Can I Fight the Burglary Charges and Avoid a Long Prison Sentence?

So, what we have to do is try to take it out of the gamut where they're looking at putting you in prison for a long time.

They're looking at you as a danger to the health and welfare of society if they give you a probationary sentence — if they give you a break in your burglary case. The way we do that is through:

  • looking at your criminal record to see if you have any prior burglaries;
  • looking at whether there was, in fact, any confrontation;
  • looking at the circumstances surrounding the burglary allegation.

That's where your criminal defense attorney is crucial in getting facts that are helpful to you into the prosecutor's hands.

A lot of times, when the police investigate burglary charges where a person is present under Penal Code Section 459, they only consider the victim's and prosecutor's standpoints.

They are trying to get the person who is the target of their investigation versus getting all of the facts and details here and seeing what happened so that when the prosecutor gets this case and evaluates it, they've got everything.

They don't. So, it's up to your criminal defense attorney to present your side of the story to the prosecutors, the judge, and a jury—whatever makes sense in your particular circumstance.

So, if you or a loved one is charged with burglary with a person present, facing prison, facing a strike, facing 85% of the time that you get, pick up the phone now.

Ask for a meeting with Ron Hedding. I've been doing this from a criminal defense standpoint for almost three decades, getting results for people like you.

Hedding Law Firm has two office locations in Los Angeles County. Contact our office for a free case consultation at (213) 542-0979.

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