Can You Be Charged With Burglary When You Didn’t Commit the Act of Burglary?
What Does A Prosecutor Have To Prove In A PC 459 Burglary Case?
What Does A Prosecutor Have To Prove In A Burglary Case? Burglary is the act of unlawfully entering a building with the intention of committing a crime. In accordance with California Penal Code Section 459, burglary charges can be filed even without theft being involved. Burglary occurs when an individual enters a building, home, structure, room, container, or vehicle with the intent to commit larceny or any felony offense. You…
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What is Attempted Burglary? (PC 459 & PC 664)
What is Attempted Burglary? (PC 459 & PC 664) In criminal law, an attempted crime is one in which a person tried to commit a crime, but was unable to complete the act. Under California Penal Code Section 21a, you have committed an attempted crime if: You specifically intended to commit a crime; You performed a direct action toward committing the crime; and The action you performed was ineffective toward…
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What are Burglary Tools? (PC 466)
What are Burglary Tools? (PC 466) Under California Penal Code Section 466, it is illegal to possess a burglary tool when you do so with the intent to use the tool to commit the crime of burglary. This crime seems straightforward, but the term “burglary tool” may not be familiar to you. What are burglary tools? Our experienced burglary defense lawyers have been successfully defending clients facing charges for possession…
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Lack of Intent as a Defense in Burglary Cases (PC 459)
Lack of Intent as a Defense in Burglary Cases (PC 459) Under California Penal Code Section 459, the prosecution must prove all of the following elements in order to convict you of burglary: You entered an inhabited home or a room inside of an inhabited home, and You entered the inhabited home or room with the intent to commit theft or another felony Intent is what makes proving the crime…
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Is Burglary a Felony or Misdemeanor? (PC 459)
Is Burglary a Felony or Misdemeanor? (PC 459) The crime of burglary is defined under California Penal Code Section 459 as entering a building, home or other structure with the intent to commit theft or a felony offense once inside. How you will be charged if you are accused of burglary depends upon the circumstances of your case. Let’s examine when burglary is a felony crime and when it can…
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How California Law Distinguishes Burglary Offenses
How California Law Distinguishes Burglary Offenses Summer in California is associated with beaches, vacations and fun. According to reports, the summer months also bring an increase in crime. Burglary reportedly increases 11 percent during the summer. Whether it takes place during the summer or during the coldest night in the winter, burglary is a serious offense in California. Let’s take a closer look at the crime of burglary and how…
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What is the Difference Between 1st and 2nd Degree Burglary in Los Angeles?
What is the Difference Between 1st and 2nd Degree Burglary in Los Angeles? California Penal Code 459 defines burglary as breaking and entering a structure with the intent to steal or commit a felony. A structure could include a residence, a business, a cargo container, or even a tent or a storage unit. That is the basic definition of burglary in California, but what makes a burglary a first-degree burglary,…
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The Dangerous Consequences of Burglary
The Dangerous Consequences of Burglary In the wake of the December 2015 mass shooting in San Bernardino, President Obama and other lawmakers around the country have called for a renewed commitment to tighten gun laws. Of course, the effect of this has been that gun sales have increased across the United States.1 In California, sales have greatly increased since the San Bernardino shootings, with 134,000 sales following the shooting. Californians…
Read MoreCan You Be Arrested for Burglary If You Didn’t Take Anything? (California Penal Code 459)
Can You Be Arrested for Burglary If You Didn’t Take Anything? (California Penal Code 459) Many people believe that you must actually take something in order to be convicted of burglary. It's a perfectly valid assumption since the idea of a burglary brings to mind a person physically taking someone else's possessions. However, this is not the case. You can be arrested for burglary even if you didn't take anything.…
Read MoreCan You Be Charged With Burglary When You Didn’t Commit the Act of Burglary?
Can You Be Charged With Burglary When You Didn't Commit the Act of Burglary? You know your neighbors are going to be gone on vacation. You also know that they have valuables worth stealing. But instead of going in to burglarize the residence, you call an associate and give them the information, and they burglarize the residence. Your friend is later arrested and names you as the person who gave…
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