Burglary FAQs

The California burglary defense attorneys at Wallin & Klarich have extensive experience defending the rights of those individuals who have been charged with burlgary in the state of California. Our attorneys draw on their experience, resources and familiarity with the law enforcement agencies and courts where you have been charged to mount a compelling defense on your behalf. As a service to our readers, we have answered some frequently asked questions about burglary in California. For more information about your specific case, contact us today for a free consultation at 888-749-0034.

California Burglary Frequently Asked Questions

What is the definition of “burglary”?

Burglary is the act of entering into a “structure” with the intention of stealing property or committing another felony.

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What is the difference between robbery and burglary?

Robbery is different from burglary or theft in that robbery involves person to person confrontation, the threat of or use of force along with the intent to coerce and prevent resistance.

Robbery is the taking of property from another against their will by means of force or fear.

Burglary does not necessarily translate to damage. It is still considered burglary if someone enters through an unlocked door or window with the intent to commit a felony or theft. This is called ‘non-forcible entry’.

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What is the difference between theft and burglary?

Theft simply involves taking something from someone else with the intent to permanently deprive them of it. Burglary, however, requires the entering of a structure (any building) with the intent to commit a theft inside.

Theft is a crime with a very broad definition in California. Theft crimes include any of the following instances of stolen property:

  • Auto Theft
  • Burglary
  • Embezzlement
  • Extortion
  • Fraud
  • Grand Theft
  • Identity Theft
  • Larceny
  • Petty Theft/Shoplifting
  • Robbery
  • Receiving Stolen Property

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What is the difference between larceny and burglary?

Larceny is similar to burglary. Larceny is the taking and carrying away the “tangible personal property of another by trespass with intent to permanently deprive the person of his interest in the property.” Thus, real estate, services and other intangible “properties” cannot be objects of larceny.

Burglary is illegally breaking into someone else’s property with a plan or intention of stealing something from that property. The seriousness of the crime can depend on when and where the crime occurred, whether or not people were present when the crime was committed, and the use (or non-use) of a weapon.

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What is the statute of limitations for burglaries?

The statute of limitations is a “time limit” for the police and prosecutor to file the theft or fraud charges with the court. It is said that the issuance of an arrest warrant “tolls,” or complies with, the statute of limitations. However, if the case was filed in time but not “served” or the person named in the warrant is not arrested in a timely manner, or if not effort was even made by the police to serve the warrant, the fraud or theft case may be eligible to be dismissed.

In general, the statute of limitations for felony burglary is three years. The statute of limitations for misdemeanor burglary is one year.

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