Attempted Burglary Charges (California Penal Code 459)

Recently, the California Supreme Court held in Magness v. Superior Court 2012 DJDAR 7503 that opening a motorized garage door without entrance into the garage cannot be a residential burglary within the meaning of Penal Code 459. Under Penal Code 459, a person who enters any house with the intent to commit larceny or any felony is guilty of a burglary.  Even a slight entry is sufficient. However, for an entry to occur, a part of the body or an instrument must penetrate the outer boundary of the building.

At common law, burglary is a breaking and entering of the home at night with the intent to commit some felony or theft.  Opening of a door would be considered a breaking. However, without an entry, there is no burglary.   Here, the facts are such that the defendant opened a garage door with a remote control, but there was no evidence to suggest that the defendant entered into the garage.

The Court went on to suggest that even though a completed burglary did not take place, the defendant might be charged with an attempted burglary.

If you or a loved one have been accused or charged with breaking and entering, it is very important that you speak with an experienced criminal defense attorney immediately, like the burglary defense attorneys at Wallin & Klarich. We have over 40 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

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