What Do I Do If I Am Accused of Burglary? (PC 459)

What Do I Do If I Am Accused of Burglary? (PC 459)

If you find are accused of burglary, you will likely be scared or worried. Our law firm has been defending clients accused of burglary for more than 35 years. Here is what you do should do if you’re accused of burglary: Understanding the Crime of Burglary (PC 459) Under California Penal Code Section 459, burglary is when you enter a structure with the intent to commit a felony. Burglary is…

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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 the commission of the crime. With that background in…

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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 of burglary tools for more than…

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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 of burglary complicated for the prosecution. Let’s say you were in…

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is burglary a felony

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 be charged as a misdemeanor. The Two Types…

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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 it is prosecuted under California Penal…

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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, and what makes it a second-degree burglary? The answer has to do with…

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burglary in California

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 have purchased between 800,000 and…

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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. California Burglary Law (Penal Code 459) California Penal Code Section 459 defines burglary as breaking…

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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 up the information used to plan the burglary. Can you also be charged with…

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