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 to build a strong defense can make all the difference. This blog will break down what constitutes burglary under California law, Penal Code Sections 459 and 460, and explore various defenses to a burglary charge. 

Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.

What Constitutes Burglary?

Before you can effectively defend yourself against a burglary charge, it’s crucial you speak with your criminal defense attorney at Wallin & Klarich to understand what exactly constitutes burglary under California law. In California, burglary is defined as entering a building or structure with the intent to commit theft or any felony. The law distinguishes between first-degree and second-degree burglary, each carrying different punishments that can be very severe.

California Penal Code Sections for Burglary

In California, burglary is defined and codified under the California Penal Code Sections 459 and 460.

Section 459: Definition of Burglary:

According to Penal Code Section 459, burglary is defined as entering any structure with the intent to commit theft or any felony. This “structure” can include homes, stores, offices, vehicles, or other buildings. The crucial element in a burglary charge is the intent of the person entering the structure.

Section 460: Degrees of Burglary:

Penal Code Section 460 categorizes burglary into two degrees:

• First-Degree Burglary: Also known as residential burglary, this involves entering an inhabited dwelling such as a house, apartment, or any place where someone lives. First-degree burglary is considered a serious felony and is punishable by up to six years in state prison.
• Second-Degree Burglary: Also referred to as commercial burglary, this pertains to entering any other type of structure that is not inhabited, such as stores, businesses, or vehicles. Second-degree burglary is classified as a “wobbler” offense, meaning it can be charged either as a misdemeanor or a felony. As a misdemeanor, it is punishable by up to one year in county jail, and as a felony, it can result in up to three years in state prison.

Aggravating Factors:

Certain aggravating factors can influence the severity of the charge and the consequent legal penalties. For instance, if the burglary involved the use of a weapon, caused injury to any person, or occurred in conjunction with another crime, the penalties can be significantly harsher.

Understanding these specific sections of the California Penal Code is crucial as they outline the legal definitions, categorization, and potential consequences of a burglary charge. This knowledge can provide a framework for your defense strategy, guiding the collection of evidence and legal arguments to counter the allegations effectively. Always consult with an experienced criminal defense attorney to interpret and apply these laws in the context of your case.

Defenses to Burglary Charges in California

When facing burglary charges in California, there are several defenses that our skilled criminal defenses at Wallin and Klarich may employ in your case. This will depend upon   the specific facts of your case. Here are some of the most common and effective defenses to combat burglary charges in California:

Lack of Intent:

One of the primary elements the prosecution must prove in a burglary case is that the defendant entered the property with the intent to commit theft or any felony. If your attorney can demonstrate that you lacked the necessary intent upon entering the property, it could lead to a dismissal of the charges against you or a not guilty verdict at trial.  

Mistaken Identity:

In some cases, the accused may have been mistakenly identified as the perpetrator. This can occur due to poor lighting, stress on the witness, or other factors that can affect the reliability of their identification. Presenting evidence such as alibi witnesses or surveillance footage can help establish that you were not the person who committed the burglary.

Consent:

If it can be proven that you had permission to enter the property, it would serve as a viable defense against the burglary charge. For example, if you were a tenant, guest, or otherwise had the property owner’s consent to be there, then the prosecution’s claim of unlawful entry may be unfounded.

Coercion or Duress:

If you committed the burglary under coercion or duress, meaning you were forced or threatened into doing so, this could serve as a defense. Your attorney will need to provide evidence that you were under imminent threat of serious harm and had no reasonable means to avoid committing the burglary.

Insufficient Evidence:

In any criminal case, the burden of proof lies with the prosecution. Your attorney can challenge the sufficiency and credibility of the prosecution’s evidence. If key evidence is deemed inadmissible or if there is not enough compelling evidence to prove your guilt beyond a reasonable doubt, your charges could be reduced or dismissed.

Entrapment:

Entrapment occurs when law enforcement induces a person to commit a crime they otherwise would not have committed. If your attorney can prove that you were entrapped by police or other law enforcement agents into committing the burglary, it could lead to your charges being dropped.

Each of these defenses requires a thorough understanding of the law and a strategic approach tailored to the specifics of your case. Our experienced criminal defense attorneys will help you by evaluating all the available evidence and circumstances to choose the best defense strategy for your case.

Contact Wallin & Klarich Today

If you are facing a burglary charge, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.

Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877)466-5245 for a free consultation with a skilled defense attorney.