Breaking & Entering
1. What is Breaking & Entering?
2. What are examples of Breaking & Entering?
While breaking and entering is not a specific crime in California, it often results in charges like burglary, vandalism, or trespassing. Each situation is unique, but the act of unlawfully entering a building or vehicle can lead to serious legal consequences. Let’s explore some real-world examples of breaking and entering scenarios, highlighting how this conduct is prosecuted under California law.
1. Residential Burglary
A common form of breaking and entering is residential burglary, where a person unlawfully enters someone’s home with the intent to commit a theft or felony inside. This is considered first-degree burglary in California and is always a felony.
Example:
Scenario: Mike notices his neighbor’s house is empty while they’re on vacation. He decides to break in through a window, hoping to steal valuables. Even though Mike doesn’t physically harm anyone or succeed in taking anything, he can still be charged with burglary under Penal Code 459 for entering with the intent to steal.
2. Commercial Burglary
Breaking and entering into a business or commercial building is classified as second-degree burglary in California. This occurs when someone enters a structure like a store or office with the intent to commit theft or another crime.
Example:
Scenario: Jane enters a retail store during business hours but goes into an employee-only area. Her goal is to steal cash from the office. Although she entered legally as a customer, her decision to unlawfully enter a restricted area with the intent to steal makes this a case of commercial burglary.
3. Auto Burglary
Auto burglary occurs when someone breaks into a locked vehicle with the intent to steal the car, steal something inside the car, or commit another felony inside. For it to be considered burglary, the vehicle must be locked.
Example:
Scenario: John sees a laptop sitting in the backseat of a locked car. He breaks the car window to gain access and steal the laptop. Even though the car was not a building, John can still be charged with auto burglary because he unlawfully entered the vehicle with the intent to steal.
4. Breaking into Vacant Properties
Breaking into vacant or abandoned properties, even if the property is not currently in use, can lead to criminal charges. Depending on the circumstances, it can result in trespassing, vandalism, or burglary charges.
Example:
Scenario: A group of teenagers breaks into an abandoned warehouse for fun, entering through a broken window. Though they don’t steal anything, they cause property damage by breaking doors and windows. In this case, they could be charged with both trespassing and vandalism under Penal Code 594 PC.
5. Trespassing on Private Property
While breaking and entering is often associated with burglary, it can also lead to trespassing charges. Trespassing occurs when someone enters or remains on private property without permission, regardless of their intent to steal or commit a crime.
Example:
Scenario: Karen accidentally wanders into a fenced private property while hiking. Even though she doesn’t intend to commit a crime or damage property, if she ignores warning signs and remains on the property after being told to leave, she could be charged with criminal trespass under Penal Code 602 PC.
6. Vandalism and Breaking & Entering
In some cases, breaking and entering involves damaging property, which could lead to vandalism charges. Even if you don’t enter the building, damaging windows, doors, or other property while attempting to gain access is a crime.
Example:
Scenario: Tom throws a brick through the window of a business in an attempt to break in and steal merchandise. He’s unsuccessful in entering the building, but the act of breaking the window constitutes vandalism. Tom could face vandalism charges under Penal Code 594 PC, as well as attempted burglary.
7. Attempted Burglary
Breaking and entering doesn’t always lead to a completed crime. If someone attempts to break into a building or vehicle but fails, they can still be charged with attempted burglary if there was intent to commit a crime inside.
Example:
Scenario: Sarah tries to break into a home by picking the lock, hoping to steal jewelry. She is caught by the homeowner before entering the home. Even though she didn’t succeed in getting inside, Sarah can still be charged with attempted burglary because she intended to commit theft once inside.
8. Breaking into Public Buildings After Hours
Breaking into public buildings, like schools, government offices, or libraries, after hours can also result in serious charges. Even though these are public places, entering without permission outside of operating hours can lead to burglary or trespassing charges.
Example:
Scenario: A man breaks into a public library after it has closed for the day. He doesn’t take anything but is caught inside by a security officer. Since he entered the library unlawfully after hours, he can be charged with second-degree burglary or trespassing.
9. Breaking & Entering for Shelter
Some individuals break into abandoned or vacant homes or buildings for shelter, particularly those experiencing homelessness. While there may not be intent to commit theft, they can still face trespassing charges for entering without permission.
Example:
Scenario: Mark is homeless and breaks into a vacant home to seek shelter for the night. He doesn’t cause damage or steal anything, but the property owner discovers him. Mark could be charged with trespassing under Penal Code 602 PC for entering the home without permission.
3. What are the penalties for Breaking & Entering?
In California, “breaking and entering” is not a standalone criminal offense. Instead, this behavior often results in charges such as burglary, trespassing, or vandalism, depending on the circumstances of the incident. The penalties for breaking and entering vary based on the specific crime, the value of any stolen property, the level of damage caused, and whether any other crimes were committed during the unlawful entry. Below, we outline the potential penalties for the most common charges related to breaking and entering in California.
1. Burglary Penalties (Penal Code 459 PC)
Burglary is one of the most serious charges that can result from breaking and entering. Under California law, burglary is defined as entering any building, structure, or vehicle with the intent to commit theft or any felony. Burglary is divided into two degrees, with penalties differing based on whether the crime occurred in a residence or a commercial setting.
First-Degree Burglary (Residential Burglary)
First-degree burglary, also known as residential burglary, occurs when a person unlawfully enters an inhabited dwelling, such as a house or apartment. This is always classified as a felony.
Penalties for First-Degree Burglary:
Felony conviction.
State prison sentence: 2, 4, or 6 years.
Fines: Up to $10,000.
Strike offense: First-degree burglary is considered a strike under California’s Three Strikes Law, which means harsher penalties for subsequent felony convictions.
Second-Degree Burglary (Commercial or Auto Burglary)
Second-degree burglary applies to the burglary of non-residential buildings or vehicles. This includes breaking and entering into businesses, storage units, or vehicles with the intent to commit a crime inside. Second-degree burglary can be charged as either a misdemeanor or a felony, depending on the circumstances.
Penalties for Second-Degree Burglary:
Felony:
State prison sentence of 16 months, 2 years, or 3 years.
Fines up to $10,000.
Misdemeanor:
Jail time of up to 1 year in county jail.
Fines up to $1,000.
Example:
Scenario: Lisa breaks into a commercial warehouse at night with the intent to steal electronic equipment. Depending on the value of the goods and other factors, Lisa could face either felony or misdemeanor second-degree burglary charges, resulting in jail time and hefty fines.
2. Auto Burglary Penalties (Penal Code 459 PC)
Auto burglary involves breaking into a locked vehicle with the intent to steal the vehicle or items inside. Like second-degree burglary, auto burglary can be charged as either a misdemeanor or a felony.
Felony auto burglary: 16 months, 2 years, or 3 years in state prison, and fines up to $10,000.
Misdemeanor auto burglary: Up to 1 year in county jail and fines up to $1,000.
Example:
Scenario: Joe smashes a car window to steal a bag inside. Because the vehicle was locked and he intended to steal, Joe faces auto burglary charges, with penalties depending on the prosecutor’s decision to charge it as a felony or misdemeanor.
3. Trespassing Penalties (Penal Code 602 PC)
Trespassing occurs when someone enters or remains on another person’s property without permission. Trespassing is generally considered a less serious offense than burglary because there is no intent to commit theft or a felony. Most trespassing cases are charged as misdemeanors, but more severe cases can lead to felony charges.
Misdemeanor trespassing: Up to 6 months in county jail and/or fines up to $1,000.
Aggravated trespassing (felony): If the trespasser threatens to injure someone and then enters the property within 30 days of making the threat, the trespassing charge may be elevated to a felony. Penalties include 16 months, 2 years, or 3 years in state prison.
Example:
Scenario: John wanders onto private property, ignoring posted “No Trespassing” signs. He could face misdemeanor trespassing charges, with penalties of up to 6 months in jail and a fine of $1,000.
4. Vandalism Penalties (Penal Code 594 PC)
Vandalism is often charged alongside breaking and entering, particularly if property is damaged during the unlawful entry. Vandalism involves defacing, damaging, or destroying someone else’s property. The severity of the penalties depends on the value of the damage caused.
Less than $400 in damage: Misdemeanor vandalism.
Jail time of up to 1 year in county jail.
Fines up to $1,000 (or up to $5,000 for repeat offenders).
$400 or more in damage: Felony vandalism.
16 months, 2 years, or 3 years in state prison.
Fines of up to $10,000 (or up to $50,000 for large amounts of damage).
Example:
Scenario: Tom breaks into a building and shatters multiple windows while trying to enter. The damage exceeds $1,000. In addition to being charged with burglary, Tom can also be charged with felony vandalism for causing significant property damage.
5. Attempted Burglary Penalties
If a person attempts to break into a structure or vehicle with the intent to commit a theft or felony but is caught before completing the act, they can be charged with attempted burglary. This offense carries lesser penalties than completed burglary but is still treated seriously under California law.
Felony attempted burglary: Half the potential sentence of the full burglary charge (e.g., 8 months to 1.5 years in prison for second-degree burglary).
Misdemeanor attempted burglary: Up to 6 months in county jail.
Example:
Scenario: Sarah tries to pick the lock on a store after hours, but she is caught by security before she can enter. Even though she did not succeed in entering the building, she could still be charged with attempted burglary, which carries potential jail time and fines.
6. Criminal Consequences Under California’s Three Strikes Law
For individuals charged with first-degree burglary, it is classified as a strike offense under California’s Three Strikes Law. If convicted of first-degree burglary, the defendant will face more severe penalties if convicted of another felony in the future.
Second strike: The sentence for any subsequent felony conviction will be doubled.
Third strike: A third strike can result in a mandatory life sentence in prison, depending on the nature of the felony.
7. Additional Consequences
In addition to jail time and fines, individuals convicted of breaking and entering-related offenses may face other long-term consequences, including:
Restitution: Payment to victims for the value of stolen or damaged property.
Probation: Court-mandated conditions, such as completing community service or attending rehabilitation programs.
Criminal record: A conviction for burglary, trespassing, or vandalism can remain on your record, affecting future job prospects and housing opportunities.
4. What are legal defenses for Breaking & Entering?
In California, “breaking and entering” is not a specific crime, but it often leads to charges such as burglary, trespassing, or vandalism. If you have been charged with any of these offenses, you may be facing serious penalties, including jail time and fines. However, several legal defenses can be used to fight these charges, depending on the circumstances of the case. Below, we outline some of the most common legal defenses for breaking and entering-related charges.
1. Lack of Intent to Commit a Crime
One of the most effective defenses against burglary charges is the argument that you did not intend to commit a crime upon entering the building or structure. To convict someone of burglary under California Penal Code 459, the prosecution must prove that the defendant entered the property with the intent to commit theft or another felony. If there is no evidence of this intent, the burglary charges may not stand.
How This Defense Works:
You may have entered the property for an innocent reason, such as seeking shelter or mistakenly thinking you were allowed to be there.
If you entered the property without any intent to steal or commit a crime, this can serve as a strong defense against burglary charges.
Example:
Scenario: Sarah enters an unlocked building late at night to get out of the rain. She has no intention of stealing or committing any other crime. If charged with burglary, Sarah’s attorney can argue that she did not enter the building with criminal intent, potentially leading to the charges being dropped.
2. No Unlawful Entry Occurred
Another key element of burglary is entering the property. If you did not physically enter the structure or vehicle, you cannot be convicted of burglary. The prosecution must prove that you made an unlawful entry, which can include reaching inside through an open window or door.
How This Defense Works:
If you never entered the property or vehicle, burglary charges cannot apply.
Your attorney may use video surveillance, witness testimony, or other evidence to prove that you did not enter the structure or vehicle.
Example:
Scenario: Mike is accused of breaking into a store but was caught outside before actually entering. Since he never entered the building, he can argue that burglary charges are not applicable.
3. Consent to Enter the Property
For trespassing charges under Penal Code 602, the prosecution must prove that you entered or remained on someone else’s property without permission. If you had the property owner’s consent to enter or stay, you cannot be convicted of trespassing.
How This Defense Works:
You had the express or implied permission of the property owner to enter or remain on the property.
Even if the property owner later withdrew their permission, trespassing charges may not apply if you left immediately upon being asked to leave.
Example:
Scenario: Tom is invited to a friend’s house for a party but stays a little longer than expected. When his friend asks him to leave, Tom immediately does so. If Tom is charged with trespassing, his attorney can argue that he had consent to be on the property, and he left as soon as that consent was revoked.
4. Mistaken Identity
Mistaken identity is a common issue in breaking and entering cases, especially when crimes occur in low-visibility conditions or when the suspect is wearing a mask. If you were wrongly identified as the perpetrator, you can argue that you were not the person who committed the crime.
How This Defense Works:
Your attorney may use alibi evidence, such as witness testimony, phone records, or video footage, to prove that you were not at the scene of the crime.
Witnesses who identified you may have been mistaken, and their identification can be challenged in court.
Example:
Scenario: A store is burglarized at night, and the thief was seen wearing a hooded sweatshirt. Police later arrest John, who was in the area wearing a similar hoodie. John’s attorney can present evidence that he was elsewhere at the time of the burglary, proving his innocence.
5. False Accusation
In some cases, individuals may be falsely accused of breaking and entering due to personal conflicts or ulterior motives. If you were falsely accused, you can challenge the validity of the claims in court.
How This Defense Works:
Your attorney may investigate the accuser’s motives and present evidence that you were falsely accused due to a personal dispute or other reasons.
Witnesses, phone records, or other evidence may help prove that you were not involved in the crime.
Example:
Scenario: Emily has a falling out with her neighbor, who later accuses her of breaking into their home. Emily’s attorney presents evidence that the accusation was motivated by the neighbor’s personal vendetta, leading to the dismissal of charges.
6. Lack of Probable Cause for Arrest
If law enforcement arrested you for breaking and entering without probable cause, any evidence obtained as a result of the unlawful arrest may be suppressed. This can significantly weaken the prosecution’s case and potentially lead to the charges being dropped.
How This Defense Works:
Police must have probable cause to arrest someone for breaking and entering. This means they must have a reasonable belief, based on facts, that a crime was committed.
If you were arrested without probable cause, your attorney can argue that any evidence collected during or after the arrest is inadmissible in court.
Example:
Scenario: A police officer stops James near a building that was recently burglarized, but the officer has no specific evidence linking James to the crime. James is arrested without probable cause, and his attorney successfully argues that the arrest was unlawful, leading to the case being dismissed.
7. Accidental Entry or Lack of Willful Intent
For trespassing charges, the prosecution must prove that you willfully entered the property without permission. If you accidentally entered the property, you cannot be convicted of trespassing.
How This Defense Works:
You mistakenly entered the property without realizing it was private or restricted.
You did not intentionally or willfully trespass on the property, and you left once you realized your mistake.
Example:
Scenario: Karen gets lost while hiking and accidentally wanders onto private property. She leaves as soon as she realizes her mistake. Since she did not intentionally trespass, Karen’s attorney can argue that she had no willful intent to commit a crime, leading to the charges being dismissed.
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