The Difference Between Robbery and Burglary in California: Legal Definitions That Matter
The Difference Between Robbery and Burglary in California: Legal Definitions That Matter In California's criminal justice system, robbery and burglary are two distinct crimes that are often confused with one another. While both are serious offenses that can result in significant penalties, understanding the key differences between them is crucial for anyone facing such charges. This blog will break down these important legal definitions and explain why having experienced legal…
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Commercial vs. Residential Burglary: Different Charges, Different Defenses
Commercial vs. Residential Burglary: Different Charges, Different Defenses When facing burglary charges, understanding the specific type of offense is crucial for building an effective defense strategy. While both commercial and residential burglary involve unlawful entry with intent to commit a crime, the legal system treats these offenses differently. This blog explores the key distinctions between commercial and residential burglary and the various defense strategies that may be used in each…
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How To Beat A Burglary Charge – Penal Code Sections 459, 460
How To Beat A Burglary Charge - Penal Code Sections 459, 460 Facing a burglary charge in California can be a daunting experience. The legal consequences are serious and can have a lasting impact on your life. This blog post aims to provide you with a comprehensive guide on how to beat a burglary charge in California. If you're accused of burglary, understanding how your lawyer can work with you…
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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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