The court system uses California Penal Code Section 459: Burglary to prosecute individuals accused of entering a building or vehicle with the intention to commit a crime. Many people do not realize the severity of this property crime.
The penalties for violating PC 459 can be incredibly harsh. You can learn more about the definition of burglary, the legal repercussions of this act, and possible legal defenses from a Los Angeles burglary lawyer.
Call or fill out our online contact form to learn more.
California Penal Code Section 459: Definition
According to California’s laws for crimes against property, burglary occurs anytime someone enters a home, building, or locked vehicle while intending to commit a felony or petty theft.
Individuals may enter a building if they penetrate the structure’s outer boundary with part of their body or an object. The court breaks acts of burglary down into two categories, depending on where they occur:
First Degree Burglary (Residential Burglary)
A first-degree burglary occurs if someone enters:
- A home
- A hotel room
- Any other residence
Residential burglary is always considered a felony crime by the courts in Los Angeles. This charge is generally considered more severe than second-degree burglary. A conviction for first-degree burglary can lead to:
- Six years in prison
- $10,000 in fines
A Los Angeles criminal defense lawyer can explain more about burglary laws.
Second Degree Burglary (Commercial Burglary)
Second-degree burglary occurs if someone enters a business building. The court defines buildings very broadly. Telephone booths may even be considered buildings under PC 459.
The court charges commercial burglary as either a misdemeanor or a felony, depending on the exact situation. Individuals may face charges under PC 459 even if they steal nothing and no felony occurs. The court will consider criminal intent when handling burglary cases.
Individuals may face a year of time in county jail or three years in prison after a violation of burglary laws.
California Penal Code Section 459: Enhancements
The penalties for California Penal Code Section 459: Burglary can include fines and time in county jail. The court may enhance these penalties in the following circumstances:
An Individual Has Previous Felony Convictions
Individuals with a criminal record of prior convictions can face additional prison time after a theft crime. For example, each previous felony offense can add one year to a burglary prison sentence.
The Victim Was Vulnerable
The law offers vulnerable victims additional protection. California defines the following groups as vulnerable:
- People with certain disabilities
- People under the age of 14
- People over the age of 65
Individuals convicted of a crime against members of these groups may have up to two years of prison time added to their sentence for burglary.
Great Bodily Injury Occurred During the Burglary
An individual could have up to six years added to their prison sentence if someone suffers significant bodily injury along with California Penal Code Section 459: Burglary.
How California’s Burglary Charges Impact Immigration
A burglary conviction under California Penal Code Section 459 can carry severe immigration consequences for non-citizen defendants. Burglary is considered an “aggravated felony” under federal immigration law (8 U.S.C. § 1101(a)(43)).
If you are convicted of burglary and are not a U.S. citizen, you may face:
- Deportation and removal from the United States, with no opportunity to return (8 U.S.C. § 1227(a)(2)(A)(iii))
- A permanent bar from re-entering the U.S. in the future (8 U.S.C § 1182(a)(9)(A)(i))
- Detention without bond by immigration authorities while removal proceedings occur (8 U.S.C. § 1226(c)(1)(B))
- Ineligibility for cancellation of removal or other relief from deportation (8 U.S.C. § 1229b(a)(3))
Consulting with an experienced criminal defense attorney is critical to understanding how potential pleas or convictions could impact your immigration situation. An attorney may be able to help craft a plea agreement that avoids the harshest immigration consequences.
Eligibility for Pretrial Diversion for Burglary
If you face charges under California Penal Code Section 459: Burglary, it is essential to consider all your options. A lawyer may review plea agreements and opportunities to enter a pretrial diversion program.
Pretrial diversion could be a viable option for burglary charges if you are a first-time offender. Additionally, as long as there was no physical bodily injury or the use of a deadly weapon in your case, the court may consider the charges against you non-violent.
Therefore, you may qualify for pretrial diversion. If you complete the terms of the program, the court may dismiss the charges against you. However, if you fail to follow the requirements of the pretrial diversion program, the state can move forward with the criminal charges.
Effective Defenses for Burglary Charges
It is essential to take any burglary charge seriously in Los Angeles. Some defenses can work in California Penal Code Section 459: Burglary cases, but they typically require the help of a professional Los Angeles theft crimes lawyer. A lawyer may be able to argue:
You Were Falsely Accused
Eyewitness misidentification is a common cause of wrongful convictions. You may face false accusations if the witnesses who placed you at the crime scene gave an inaccurate physical description or admitted mistaken identity.
Your attorney can argue insufficient evidence or challenge the reliability of any identification evidence.
You Only Took Your Property
Sometimes, individuals enter a property to retrieve something that belongs to them. You should not be convicted of a theft crime under PC 459 if you were only taking your property, not the property of anyone else.
There Was No intent to Commit Theft or a Felony
An essential element of burglary is intent to commit theft or another felony upon entering a building or dwelling. If you had no intention of stealing or committing a felony crime, you may not have met the requirements for a burglary charge.
For example, if you entered a building for dwelling purposes, such as to get warm or find shelter.
You Had Consent or Authorization to Enter
Burglary requires entering without consent. If the owner permitted you to enter the property, or you had some other lawful reason to be present, it may not qualify as burglary. For example, if you enter to do repairs at the owner’s request, you may not face charges.
You Were in Another Location
Police may accuse the wrong person of committing the burglary. Your attorney can construct an alibi defense by gathering evidence and witness statements to demonstrate you were elsewhere when the crime occurred.
Unlawful Search and Seizure
If police illegally searched your property or person, the court may exclude any evidence obtained under the exclusionary rule, causing the prosecution’s case to collapse.
An experienced criminal defense lawyer can thoroughly analyze the prosecutor’s evidence and identify any plausible defenses that could lead to an acquittal or dismissal of your burglary charges. You may need a lawyer for a burglary case to feel confident after an arrest.
Intent Matters in Burglary Cases
For the prosecution to obtain a conviction under PC 459, they must prove intent in a burglary.
A Lawyer May Establish a Lack of Intent
Lack of intent is a common defense in burglary cases. California law requires the prosecution to prove intent to convict someone of burglary. A skilled defense attorney can argue you did not have the necessary intent to steal or commit a felony.
Without evidence of felonious intent, the prosecution may struggle to meet their burden of proof for burglary crimes. Your attorney can file motions to dismiss if the evidence cannot establish intent.
Using lack of intent as a defense against burglary charges may lead to reduced charges or an acquittal. An experienced lawyer can employ this defense effectively on your behalf.
Get Professional Help After a PC 459 Arrest
You do not have to try to figure out California Penal Code Section 459: Burglary on your own. Getting professional help from the Simmrin Law Group can make understanding this charge easier.
Learn more about your legal options if you are charged with burglary with a free consultation. You can fill out our online contact form or call us to learn more.