In addition, there are certain enhancements that may allow a judge to sentence defendants to additional time in prison. If convicted as a felony, a defendant can be imprisoned for up to three years. Second degree burglary (commercial burglary) is a "wobbler" that can be charged as either a felony or a misdemeanor, depending on the severity of the offense and the defendant's criminal history. In these circumstances, there would be no burglary crime because there would be no underlying theft or felony offense.įirst degree burglary (residential burglary) is a felony that is punishable by up to six years in prison, substantial fines and a "strike" under California's Three Strikes Law. Someone accused of burglary may have a valid mistake of fact defense in certain situations, such as where they believe that another person has property that belongs to them and they are simply trying to retrieve their own property. The man would not be guilty of burglary, as the statute requires forced entry into a locked vehicle. However, someone sees what he is doing and yells out, which causes the man to run away. The door to the car is unlocked, and the man opens the door in order to steal the wallet. In another example, a man sees a wallet lying on the seat of idling car. Simply entering the residence with the intent to rape is enough to violate the burglary statute. The man could be charged with residential burglary even though he never committed the underlying felony offense. The man gets startled and runs away, but he is quickly picked up by police. Once inside the woman wakes up and screams. Trespassing - California Penal Code Section 602 PCĪ man sneaks into a woman's house late at night by climbing through an unlocked window in order to rape her.Petty Theft - California Penal Code Section 484 PC.Grand Theft - California Penal Code Section 487 PC.Possession of Burglary Tools - California Penal Code Section 466 PC.Simply entering an unlocked vehicle would not be enough to violate the burglary statute. The defendant does not need to actually commit the underlying theft or felony to be guilty of burglary.įor the burglary statute to apply to an automobile, there must be evidence of forced entry into a locked vehicle. When he or she entered into the building, room or vehicle, he or she intended to commit theft or a felony.Ī person is considered to have entered a building if some part of his or her body, or some object they are using, penetrates the area inside the building's outer boundary, which can include the area inside a window screen or an attached second-floor boundary.Ī building has been defined for the purposes of the burglary statute very broadly by courts and can include telephone booths, popcorn stands on wheels, a wire chicken coop and a loading dock enclosed by chain link fence.The defendant entered a building, room within a building or locked vehicle AND.The crime of burglary under California Penal Code Section 459 PC requires a prosecutor to prove the following elements: If the defendant entered a commercial building with intent to commit a felony, he or she would face charges of second degree burglary (also called "commercial burglary") which is a "wobbler" that can be charged as either a felony or a misdemeanor. When burglary involves entering a home, hotel room or any other place where people live, the defendant can be charged with first degree burglary (commonly referred to as "residential burglary") which is always a felony. People often associate the crime of burglary with theft, however under California Penal Code Section 459 PC, burglary can involve entering a building, home or vehicle with the intent to commit any felony.
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