Penal Code § 459 PC - Burglary
1. What is Penal Code § 459 PC?
Penal Code § 459 PC Law Reads As Followed:
Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, floating home, railroad car, locked vehicle, aircraft, mine, or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary.
2. What Are Examples of Penal Code § 459 PC?
California Penal Code § 459 PC defines burglary as entering a building, locked vehicle, or structure with the intent to commit theft or any felony. Understanding the law can be challenging, but real-life examples help illustrate how burglary charges are applied in different situations.
Examples of First-Degree Burglary (Residential Burglary)
1. Breaking Into a Home to Steal Valuables
Scenario:
A person breaks into a house through a window with the intent to steal jewelry and electronics. Even if the person is scared off and does not take anything, they can still be charged with burglary under Penal Code § 459 PC.
Why It’s Burglary:
The individual entered the home with the intent to commit theft, which satisfies the criteria for first-degree burglary.
2. Entering an Apartment Building to Commit Assault
Scenario:
Someone enters an apartment building intending to harm a resident after an argument. They are apprehended before reaching the victim’s unit.
Why It’s Burglary:
The intent to commit a felony (assault) upon entering the residential building qualifies as burglary, even if the crime itself is not carried out.
3. Breaking Into an Unoccupied Vacation Home
Scenario:
A person breaks into a vacation home while the owners are away to steal furniture.
Why It’s Burglary:
Under Penal Code § 459 PC, an “inhabited dwelling” includes homes used as residences, even if the owners are not present at the time.
Examples of Second-Degree Burglary (Commercial Burglary)
4. Shoplifting with Intent to Steal High-Value Items
Scenario:
A person enters a department store during business hours with the intent to steal a $1,500 watch. They are caught trying to leave the store.
Why It’s Burglary:
Since the value of the item exceeds $950, this is considered commercial burglary rather than shoplifting, which applies to items valued at $950 or less.
5. Breaking Into a Warehouse After Hours
Scenario:
Someone breaks into a warehouse at night, intending to steal construction equipment.
Why It’s Burglary:
The warehouse is a commercial structure, and entering it with intent to steal constitutes second-degree burglary.
6. Using a Fake Check to Steal Merchandise
Scenario:
An individual enters a store and uses a fraudulent check to obtain merchandise worth $2,000.
Why It’s Burglary:
The intent to commit theft or fraud upon entry satisfies the elements of burglary under Penal Code § 459 PC.
Examples of Burglary Involving Vehicles
7. Breaking Into a Locked Car to Steal Electronics
Scenario:
A person breaks into a locked car to steal a laptop left on the seat.
Why It’s Burglary:
Penal Code § 459 PC explicitly includes locked vehicles as structures, making this auto burglary.
8. Entering a Locked Van to Commit Assault
Scenario:
Someone enters a locked van intending to assault the driver but is stopped by law enforcement.
Why It’s Burglary:
Entering a locked vehicle with intent to commit a felony (assault) constitutes burglary under the law.
Examples of Attempted Burglary
9. Trying to Break Into a House
Scenario:
A person is caught attempting to break into a home through a window but flees when the alarm goes off.
Why It’s Burglary:
Intent to commit a theft or felony upon entry is sufficient for burglary charges, even if the person does not succeed in entering the home.
10. Using Fake Credentials to Enter a Restricted Area
Scenario:
An individual uses a fake ID to access a company’s restricted area, intending to steal confidential documents.
Why It’s Burglary:
Gaining access to a restricted part of a building with criminal intent qualifies as burglary, even without forced entry.
3. What are Common Defenses Against Penal Code § 459 PC?
If you’ve been charged with burglary under Penal Code § 459 PC, it’s essential to understand that you are not automatically guilty. California law requires the prosecution to prove specific elements of the crime beyond a reasonable doubt. A skilled criminal defense attorney can explore various legal defenses to help you fight the charges.
Here are the most common defenses against burglary charges under Penal Code § 459 PC.
1. Lack of Intent
Intent is a critical element in any burglary case. The prosecution must prove that you intended to commit theft or a felony at the time you entered the structure or vehicle. Without this intent, there is no burglary.
Example Defense:
You entered a building to find shelter from the rain, not to commit a crime.
Legal Argument:
Your purpose for entering the building was innocent, and you had no intent to commit theft or any felony.
2. Mistake of Fact
A mistake of fact, sometimes referred to as a “claim of right,” can negate criminal intent. If you genuinely believed you had a right to the property or permission to enter, you may have a valid defense.
Example Defense:
You entered someone’s garage to retrieve tools you thought belonged to you.
Legal Argument:
You were acting under the belief that the property was yours or that you had permission to take it.
3. You Did Not Enter the Structure or Vehicle
For a burglary conviction, the prosecution must prove that you physically entered the structure, room, or vehicle. If you did not enter, you cannot be guilty of burglary.
Example Defense:
You were caught outside a building with stolen items but never entered the property.
Legal Argument:
There is no evidence of entry, so the charge of burglary does not apply. Instead, you may face other charges, such as theft.
4. No Theft or Felony Was Committed
While burglary charges do not require the successful completion of a theft or felony, intent at the time of entry is crucial. If you formed intent after entering the building or vehicle, it does not constitute burglary.
Example Defense:
You entered a store to browse, but while inside, you impulsively took an item without paying.
Legal Argument:
You did not have the intent to commit theft when you entered, which means the act does not qualify as burglary.
5. Mistaken Identity
Sometimes, individuals are falsely accused of burglary due to mistaken identity. This can happen when witnesses, security footage, or other evidence incorrectly point to you as the suspect.
Example Defense:
You were in the area where a burglary occurred, and witnesses mistakenly identified you as the perpetrator.
Legal Argument:
You were not the individual who committed the crime, and the evidence fails to prove your involvement beyond a reasonable doubt.
If law enforcement violated your Fourth Amendment rights by conducting an unlawful search or seizure, any evidence obtained during that search may be inadmissible in court.
Example Defense:
Police searched your vehicle without a warrant and found items allegedly connected to a burglary.
Legal Argument:
The search was conducted without probable cause or a warrant, and the evidence must be excluded, potentially weakening the prosecution’s case.
Instances of police misconduct, such as fabricating evidence, coercing confessions, or conducting improper lineups, can be grounds for challenging burglary charges.
Example Defense:
You were coerced into confessing to a burglary under pressure from law enforcement.
Legal Argument:
Your confession was obtained unlawfully and should not be used as evidence against you.
8. Consent to Enter
If you had permission or consent to enter the structure or vehicle, you cannot be convicted of burglary, even if theft or another crime occurred afterward.
Example Defense:
You entered a friend’s house to borrow an item, but they later claimed you had no permission.
Legal Argument:
You had consent to enter the property, negating the burglary charge.
9. Lack of Evidence
The prosecution must prove every element of the crime beyond a reasonable doubt. If there is insufficient evidence linking you to the burglary, the charges may not hold.
Example Defense:
The evidence presented by the prosecution is circumstantial or does not definitively prove your involvement.
Legal Argument:
The lack of concrete evidence creates reasonable doubt, which requires the jury to acquit you.
10. Duress
If you were forced to commit burglary under threat of harm or death, you might have a valid defense based on duress.
Example Defense:
Someone threatened to harm you unless you entered a property and stole an item.
Legal Argument:
You acted under duress, and your actions were not voluntary.
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4. What are The Penalties for Violating Penal Code § 459 PC?
California Penal Code § 459 PC defines burglary as entering a building, structure, or locked vehicle with the intent to commit theft or any felony. The penalties for burglary depend on whether it is classified as first-degree burglary (residential burglary) or second-degree burglary (commercial burglary). Factors such as the circumstances of the crime and the defendant’s criminal history can also influence the severity of the punishment.
Penalties for First-Degree Burglary (Residential Burglary)
First-degree burglary applies to crimes committed in an inhabited residence, such as a house, apartment, or hotel room used as living quarters. This is always considered a felony under California law and carries severe penalties.
Punishments
State Prison Sentence:
2 years, 4 years, or 6 years.
Fines:
Up to $10,000.
Probation:
A judge may grant formal (felony) probation in certain cases, typically for first-time offenders or those with mitigating circumstances.
Additional Enhancements:
Elderly or vulnerable victims: An additional 1 year may be added if the victim was over 65 years old, under 14 years old, or disabled.
Prior felony convictions: Certain prior convictions can result in an enhanced sentence of 2 additional years.
Strike Offense:
First-degree burglary is considered a strike under California’s Three Strikes Law, leading to harsher penalties for future felony convictions.
Penalties for Second-Degree Burglary (Commercial Burglary)
Second-degree burglary involves entering a non-residential building or a locked vehicle with intent to commit theft or a felony. It is classified as a wobbler offense, meaning it can be charged as either a misdemeanor or a felony.
As a Misdemeanor
County Jail Sentence:
Up to 1 year.
Fines:
Up to $1,000.
Probation:
A judge may impose summary (informal) probation instead of jail time, which may include conditions such as community service or attending theft prevention programs.
As a Felony
County Jail Sentence:
16 months, 2 years, or 3 years under California’s realignment program.
Fines:
Up to $10,000.
Felony Probation:
In lieu of jail time, a judge may grant formal probation, requiring regular check-ins with a probation officer.
Retail Theft and Related Penalties
Burglary involving retail establishments has additional considerations under California law:
Shoplifting vs. Burglary
If the value of stolen goods is $950 or less and the crime occurs during business hours, it is typically charged as shoplifting under Penal Code § 459.5. Shoplifting is generally a misdemeanor, with penalties including:
County Jail Sentence:
Up to 6 months for first offenses.
Fines:
Up to $1,000.
Repeat Offenders or High-Value Theft
For retail theft involving items worth over $950 or committed by individuals with a prior serious conviction, the crime is charged as burglary with felony-level penalties.
Collateral Consequences of a Penal Code § 459 PC Conviction
In addition to fines and jail time, a conviction for burglary under Penal Code § 459 PC can have long-lasting consequences:
Criminal Record:
A felony or misdemeanor conviction will appear on your record, potentially impacting employment, housing, and education opportunities.
Immigration Consequences:
Non-citizens convicted of burglary may face deportation or inadmissibility to the U.S., as burglary is considered a crime involving moral turpitude.
Loss of Firearm Rights:
A felony conviction results in a lifetime ban on firearm ownership.
Professional Licensing Issues:
Certain professional licenses may be denied, revoked, or suspended following a burglary conviction.
5. What Are the Related Offenses To Penal Code § 459 PC?
California Penal Code § 459 PC defines burglary as entering a structure, building, or locked vehicle with the intent to commit theft or a felony. While burglary is a distinct offense, several related crimes often intersect with or are charged alongside it. These related offenses focus on theft, property crimes, and unlawful entry, and understanding them is essential for a comprehensive view of California’s criminal statutes.
1. Penal Code § 602 PC – Trespassing
Overview:
Trespassing occurs when someone enters another person’s property without permission or remains on the property after being asked to leave. Unlike burglary, trespassing does not require the intent to commit theft or a felony.
Penalties:
Infraction or Misdemeanor:
Up to 6 months in county jail,
Fines up to $1,000.
Connection to Penal Code § 459 PC:
Trespassing is often a precursor to burglary. For example, someone who unlawfully enters a property without intending to commit a crime may face trespassing charges instead of burglary.
2. Penal Code § 211 PC – Robbery
Overview:
Robbery involves taking property from another person’s possession against their will, using force or fear. While burglary often occurs in the absence of the property owner, robbery directly involves the victim.
Penalties:
First-Degree Robbery:
3, 4, or 6 years in state prison.
Second-Degree Robbery:
2, 3, or 5 years in state prison.
Connection to Penal Code § 459 PC:
Burglary may escalate to robbery if the perpetrator encounters the property owner and uses force or intimidation to take the property.
3. Penal Code § 487 PC – Grand Theft
Overview:
Grand theft occurs when property valued at over $950 is unlawfully taken. It can involve personal property, real estate, or money.
Penalties:
Misdemeanor:
Up to 1 year in county jail.
Felony:
16 months, 2 years, or 3 years in state prison.
Connection to Penal Code § 459 PC:
Burglary often involves grand theft, particularly when valuable items are stolen from a structure or vehicle.
4. Penal Code § 488 PC – Petty Theft
Overview:
Petty theft is the unlawful taking of property valued at $950 or less.
Penalties:
Misdemeanor:
Up to 6 months in county jail,
Fines up to $1,000.
Connection to Penal Code § 459 PC:
If someone enters a structure during business hours to steal inexpensive items, they may face petty theft charges alongside burglary charges if intent can be proven.
5. Penal Code § 466 PC – Possession of Burglary Tools
Overview:
Possession of burglary tools, such as lockpicks, crowbars, or other implements designed for breaking and entering, is a crime if the person intends to use them to commit burglary.
Penalties:
Misdemeanor:
Up to 6 months in county jail,
Fines up to $1,000.
Connection to Penal Code § 459 PC:
Possession of burglary tools often accompanies burglary charges, particularly if the tools are found during an arrest.
6. Penal Code § 496 PC – Receiving Stolen Property
Overview:
Receiving stolen property occurs when someone knowingly buys, receives, or conceals property that has been stolen.
Penalties:
Misdemeanor:
Up to 1 year in county jail.
Felony:
16 months, 2 years, or 3 years in state prison.
Connection to Penal Code § 459 PC:
A person who commits burglary may later be charged with receiving stolen property if they transfer or sell stolen items.
7. Penal Code § 464 PC – Burglary of a Safe or Vault
Overview:
Penal Code § 464 specifically addresses breaking into a safe or vault using tools, explosives, or other methods.
Penalties:
Felony:
3, 5, or 7 years in state prison.
Connection to Penal Code § 459 PC:
This statute focuses on the method used during a burglary, particularly when safes or secure storage devices are targeted.
8. Penal Code § 459.5 PC – Shoplifting
Overview:
Shoplifting involves entering a commercial establishment during business hours with the intent to steal property valued at $950 or less.
Penalties:
Misdemeanor:
Up to 6 months in county jail,
Fines up to $1,000.
Connection to Penal Code § 459 PC:
Shoplifting is a specific form of burglary. If the value of the stolen items exceeds $950, the offense may be charged as burglary rather than shoplifting.
9. Penal Code § 518 PC – Extortion
Overview:
Extortion occurs when someone uses force, threats, or intimidation to obtain property or compel someone to act against their will.
Penalties:
Felony:
2, 3, or 4 years in state prison.
Connection to Penal Code § 459 PC:
If threats or intimidation are used during a burglary to obtain property, extortion charges may be added.
10. Vehicle Code § 10851 – Vehicle Theft
Overview:
Stealing or attempting to steal a vehicle is charged under California’s vehicle theft laws.
Penalties:
Misdemeanor or Felony:
16 months, 2 years, or 3 years in state prison for felony charges.
Connection to Penal Code § 459 PC:
Breaking into a locked vehicle to steal items or the car itself may lead to both vehicle theft and burglary charges.
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