California Burglary Attorney – California Penal Code 459 PC

Are You Seeking a California Burglary Lawyer?

A burglary conviction in California can change your life completely. Upon sentencing, you may be required to serve 364 days in county jail. However, if you are convicted of first degree burglary, you face a sentence of up to 6 years in state prison and a strike on your record. If you have been charged with burglary, you need an experienced burglary attorney to defend you.

With the guidance of a California burglary attorney at Wallin & Klarich, you may be able to avoid jail time and get your life back. Read below for more information on burglary charges in California or simply pick up the phone and call (877) 466-5245 for free, immediate advice from an expert California burglary defense lawyer.

Why Hire Wallin & Klarich?

The success of our burglary defense firm has helped us achieve the highest of merits, including a 5 out of 5 AV rating on, a 10 out of 10 rating on, and an A+ rating from the Better Business Bureau.

The California burglary lawyers at Wallin & Klarich have helped many people like you facing burglary charges for over 30 years. Here are just a few testimonials provided by some of our previous clients:

“I didn’t know what to do when I was accused of burglary and grand theft charges. I was certain that I was facing jail time.

I put my faith in Wallin and Klarich due to their years of experience helping people facing similar charges. Thanks to my attorney’s experience and relationship with the DA’s office, he was able to have the most severe charges against me dismissed, and I only incurred a minimal charge of petty theft and a minor punishment. I am grateful to Wallin and Klarich for saving me from jail time, and for saving my record from any permanent damage. If anyone is facing criminal charges, I would definitely tell them to put their faith and trust in Wallin and Klarich. I am certainly glad I did.”


“I am writing this letter to tell you about Wallin & Klarich. I was arrested for felony burglary and felony domestic violence. I was told I was facing a minimum of 32 months in state prison. My life was never going to be the same. I realized I needed the help from an attorney expert in criminal law. I needed my attorney to be reliable and to believe in me in order to fight for my freedom. I retained my Wallin & Klarich attorney demonstrated how much he cared to fight for me. He told me to be patient, and I put my faith in him. He met with the District Attorney’s office and convinced them to dismiss my felony burglary charges, and to reduce my felony domestic violence to a misdemeanor. After a couple of court dates, I pled to one misdemeanor only, and I was sentenced to two months of house arrest, which allowed me to return to work and school. My attorney from Wallin & Klarich was excellent, and he achieved extraordinary results for my case. Thanks!”

-A. G.

“Thank you for your excellent work getting my case dismissed. I really appreciate the time and effort you spent to help me understand the criminal justice process and to explain the possible outcomes. You helped me organize my documents and asked many questions to better understand my case.

You were able to win a dismissal during the first Pre-Trial Conference. Your skillful efforts saved me from weeks of worry. Thank you for helping me receive just and fair treatment. Please do not hesitate to call on me if I can ever be of service to you.”

-K. F.

Call Wallin & Klarich Today

You can place your trust in Wallin & Klarich. Our knowledgeable California burglary lawyers are committed to defending your rights and your freedom. Call us today for immediate help on your burglary case.

For more information on burglary charges and penalties, read below or simply pick up the phone and speak to one of our skilled burglary attorneys today.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation.


What is California burglary per PC 459?

Under California Penal Code 459, you can be found guilty of burglary in California for entering a building, vehicle, vessel, or cargo container (structure) with the intention of either stealing something or committing a felony. The sentencing and punishment for California burglary are quite severe, and you will need an experienced burglary attorney in California to aggressively represent you.

To be convicted of California burglary, the prosecutor must prove that you entered the building with the intent to commit a felony. If you decided to commit a felony after entering the building, you may be guilty of another crime.

The California Burglary Lawyers at Wallin & Klarich explain the difference between First Degree Burglary and Second Degree Burglary in California.

Are you facing charges of burglary in California under PC 459?

First Degree Burglary and Second Degree Burglary

There are two types of burglary charges in California: first and second degree burglary. The main distinction between the two is that first degree burglary, also called residential burglary, requires that you entered another person’s residence with the intent to commit a felony; whereas, second degree, or commercial burglary, occurs in any other type of structure.

First degree burglary is a felony, and counts as a strike; it’s a very serious offense. Second degree burglary is a “wobbler,” meaning that it can either be charged as a felony or a misdemeanor. Whether you’re charged with a felony or misdemeanor for second degree burglary depends on a number of factors including: whether you have a criminal record, whether you’re currently on probation, the type of structure entered, the time of day and other considerations.

What are the best defenses to California burglary?

There are a number of defenses that can be raised to burglary charges in California. Some of the best defenses to burglary include: failure to read Miranda rights, lack of intent, consent, intoxication, alibi, mistake of fact, and illegal search and seizure. Whether or not you have any defenses available depends on the facts of your case. A California burglary attorney will be able to determine what defenses, if any, may work for you.

California burglary sentencing and punishment

First degree burglary, or residential burglary, is a felony offense. Under California Penal Code 461(1), residential burglary is a strike offense meaning you will have to serve at least 85 percent of your sentence, regardless of good behavior. First time offenders may face up to 6 years in state prison. Second degree burglary, or commercial burglary, can be charged as either a felony or misdemeanor. If you are convicted of commercial burglary as a misdemeanor, you are facing one year in county jail.

Burglary FAQs

Given that burglary is such a complicated area of law, it’s not surprising that a lot of people have questions about it. To help you better understand the differences between burglary and other types of crimes, we’ve answered some of the more common questions our clients have in our FAQ section. There, you will find answers to questions like:

  • What is the difference between burglary and larceny?
  • What is the difference between burglary and robbery?
  • What is the statute of limitations for burglary?


Contact an experienced California burglary lawyer at Wallin & Klarich today

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Contact the burglary defense attorneys at Wallin & Klarich today

If you or a loved one is accused of a California burglary charge, please feel free to contact one of our experienced California criminal attorneys. We’re happy to answer any questions you have and guide you through this stressful matter.

With offices in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Ventura, Victorville and West Covina, our team of professionals experienced in burglary cases in California will be with you when you call.

Call Wallin & Klarich today at (877) 4-NO-JAIL. We will get through this together.

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