Practice Area
California Burglary Defense Tactics
Burglary Defenses – Penal Code Section 459
Defendant Lacked the Requisite Intent to Commit Burglary
Under California Burglary law, the defendant must have entered the location with the intent to commit theft or a felony therein. It is not sufficient for a conviction for burglary that a person illegally enters a particular location. In order to be convicted the prosecutor must prove the defendant’s requisite intent to commit theft or a felony therein.
Often whether an accused is found guilty or not guilty of a burglary offense will depend upon the issue of the defendant’s “specific intent” upon entering the location in question. This means that the freedom of our clients often depends upon the “circumstantial” evidence we are able to present to show that our client did not have the required specific intent to be convicted under California Penal Code Section 459.
Consent
Consent may be a viable defense to Burglary under California Penal Code Section 459 in the following circumstances:
- When the accused is the owner of the property.
- The owner actively invites the accused to enter, knowing the illegal, felonious intention of the invitee.
Intoxication
Intoxication may be a viable defense to Burglary under California Penal Code Section 459. Evidence to establish the intent is almost always circumstantial. The defendant may offer evidence of intoxication on the issue whether he or she actually formed the required specific intent.
