Burglary in California
Understanding the Crime of Burglary in California: What You Need to Know
As a criminal defense attorney serving Chico and the surrounding communities of Butte County, I often receive questions about the crime of burglary—what it means, how it differs from other property crimes, and what someone can expect if charged.
Whether you're under investigation or simply looking to understand your rights under California law, here’s some important general information about the crime of burglary.
What Is Burglary Under California Law?
Under California Penal Code § 459, burglary is defined as:
"Entering a building, room, structure, or locked vehicle with the intent to commit theft or any felony."
It’s important to understand that you don’t have to actually steal anything or commit a felony inside to be charged with burglary. The crime hinges on your intent at the time of entry.
Two Degrees of Burglary
California law breaks burglary into two degrees, each with different consequences:
First-Degree Burglary (Residential Burglary)
This occurs when the burglary involves an inhabited dwelling, such as a house or apartment. Even if the residents are not home at the time, it’s still considered first-degree.
Felony offense
Punishable by 2, 4, or 6 years in state prison
Considered a strike under California’s Three Strikes Law
Second-Degree Burglary (Commercial Burglary)
This involves any other structure, such as a business, store, or even a locked vehicle.
Can be charged as a misdemeanor or a felony (wobbler)
Misdemeanor: Up to 1 year in county jail
Felony: Up to 3 years in county jail
Key Legal Elements the Prosecution Must Prove
To convict someone of burglary, the prosecution must prove:
You entered a building, room, structure, or vehicle
You had the intent to commit theft or a felony at the time of entry
Note: If the intent to steal or commit a felony formed after entry, it may not qualify as burglary, though other charges may still apply.
Common Defenses to Burglary Charges
Every case is unique, but some common legal defenses include:
Lack of intent – You did not intend to commit theft or a felony when you entered
Consent – You had permission to enter the property
Mistaken identity – You were not the person who committed the burglary
Insufficient evidence – The prosecution cannot prove their case beyond a reasonable doubt
As a defense attorney, my goal is to comb through the facts, challenge the prosecution’s evidence, and protect your rights every step of the way.
Burglary is a serious charge in California, and the consequences—especially for first-degree burglary—can be life-altering. If you're facing burglary charges in Chico or Butte County, it’s critical to speak with an experienced criminal defense attorney immediately. Call Davis W. Hewitt to schedule a free 30-minute consultation at my office in Chico.
