California Penal Code Section 459 defines burglary as entering certain structures or enclosed places with the intent to commit theft or another felony. Contrary to a common misconception, burglary does not necessarily require breaking into a property, damaging a door, or entering at night. A person may face burglary charges even when a door is unlocked or they were initially allowed onto the property.
To obtain a burglary conviction, prosecutors generally must prove two central elements:
The defendant entered a qualifying structure, vehicle, or other location.
At the time of entry, the defendant intended to commit grand theft, petty theft, or another felony inside.
The required criminal intent must exist when the person enters. If someone enters without criminal intent but later decides to steal something, that conduct may constitute theft, but it does not necessarily establish burglary under Section 459.
The statute applies to many locations, including houses, apartments, rooms, stores, warehouses, barns, railroad cars, aircraft, mines, locked vehicles, and locked or sealed cargo containers. A person does not have to enter an entire building. In some cases, crossing into a room or restricted portion of a structure while possessing the required intent may support a burglary allegation. California Penal Code § 459
First-Degree Burglary
Under Penal Code Section 460, burglary of an inhabited residence is burglary in the first degree. An “inhabited” property is one currently used for dwelling purposes, regardless of whether anyone was home when the alleged offense occurred. Residences temporarily vacant because occupants are away may therefore remain inhabited.
First-degree burglary can include entering an inhabited house, apartment, floating home, trailer coach, or inhabited portion of another building with the required criminal intent. It is a felony punishable by two, four, or six years in California state prison. Residential burglary can also carry serious consequences under California’s sentencing laws. California Penal Codes §§ 460–461
Second-Degree Burglary
Every burglary that does not qualify as first-degree burglary is considered second-degree burglary. Common examples may involve commercial buildings, warehouses, or locked vehicles. Second-degree burglary is generally a “wobbler,” meaning prosecutors may charge it as either a misdemeanor or felony depending on the circumstances and the defendant’s criminal history.
A misdemeanor conviction may result in up to one year in county jail. A felony conviction can result in imprisonment under California’s felony sentencing provisions.
Defenses to a Burglary Charge
Possible defenses include lack of intent at the time of entry, mistaken identity, insufficient evidence, false accusations, or an unlawful search or interrogation. Permission to enter may also affect a case, although consent alone does not automatically defeat burglary when the person entered with concealed felonious intent.
Every burglary case depends on its particular evidence. Anyone accused of violating Penal Code Section 459 should speak with a California criminal defense attorney promptly to protect their rights and evaluate possible defenses.
This information is educational and is not legal advice.