Practice Area
California Burglary Prosecution
Burglary Prosecution – Penal Code Section 459
To prove the defendant is guilty of second degree burglary, the prosecuting agency must prove the following two elements:
- The defendant entered a building, vehicle, vessel or cargo container; AND
- When he or she entered, he or she intended to commit theft or a felony.
If it can be proven that the defendant committed burglary under Penal Code section 459, then, to prove the defendant is guilty of first degree burglary under Penal Code section 460, the prosecuting agency must further prove the following:
- The defendant burglarized an inhabited home or a room within an inhabited home;
- When he or she entered, he or she intended to commit theft or a felony.
The Prosecutor has the burden of proving beyond a reasonable doubt that the burglary was first degree burglary.
