California’s laws surrounding the act of burglary can be challenging to understand. Many people do not realize the severity of this property crime. You can be charged under California Penal Code Section 459: Burglary even if you never steal anything.
The penalties for a violation of PC 459 can be incredibly harsh, even if nothing is stolen. You can learn more about the definition of burglary, the legal repercussions of this act, and possible legal defenses from the professionals at the Simmrin Law Group.
California Penal Code Section 459: Definition
According to the court system in California, burglary occurs anytime someone enters a home, building, or locked vehicle while intending to commit a felony or petty theft. Note that individuals may be charged with entering a building if they penetrate the structure’s outer boundary with part of their body or an object.
The court breaks acts of burglary down into two categories, depending on where they occur:
First Degree Burglary / Residential Burglary
A first-degree burglary occurs if someone enters:
- A Home
- A Hotel Room
- Any Other Residence
Residential burglary is always considered a felony crime by the courts in Los Angeles. This charge is generally considered more severe than second-degree burglary. A conviction for first-degree burglary can lead to:
- Six Years in Prison
- $10,000 in Fines
Second Degree Burglary / Commercial Burglary
Individuals can be charged with second-degree burglary if they enter a business building. It is essential to understand that the court defines buildings very broadly. Telephone booths may even be considered buildings under PC 459.
Commercial burglary may be charged as either a misdemeanor or a felony, depending on the exact situation.
Note that individuals may face charges under PC 459 even if nothing is stolen and no felony is carried out. The court will consider an individual’s intent when handling burglary cases. Individuals may face the following penalties for a commercial burglary conviction:
- One year in County Jail
- Three years in Prison
California Penal Code Section 459: Similar Charges
There are a number of charges that resemble PC 459 in Los Angeles. Individuals may face charges for:
- California Penal Code Section 484(a) & 488: Petty Theft
- California Penal Code Section 487: Grand Theft
- California Penal Code Section 602: Trespassing
Any of these charges can have serious legal consequences if they are not handled properly.
California Penal Code Section 459: Enhancements
The penalties for burglary in Los Angeles can include fines and jail time. The court may enhance these penalties in the following circumstances:
An Individual Has Previous Felony Convictions
Individuals who have a criminal record of prior convictions can face additional prison time. Each previous felony offense can add one year onto a burglary prison sentence.
The Victim Was Vulnerable
Vulnerable victims are offered additional protection under the law. California defines the following groups as vulnerable:
- People with Certain Disabilities
- People Under the Age of 14
- People Over the Age of 65
Individuals convicted of burglary against members of these groups may have up to two years or prison time added to their sentence.
Great Bodily Injury Occurred During the Burglary
An individual could have up to 6 years added to their prison sentence if someone suffers significant bodily injury.
How California’s Burglary Charges Impact Immigration
A burglary conviction under California Penal Code Section 459 can carry severe immigration consequences for non-citizen defendants. Burglary is considered an “aggravated felony” under federal immigration law (8 U.S.C. § 1101(a)(43)).
If you are convicted of burglary and are not a U.S. citizen, you may face:
- Deportation and removal from the United States, with no opportunity to return (8 U.S.C. § 1227(a)(2)(A)(iii))
- A permanent bar from re-entering the U.S. in the future (8 U.S.C § 1182(a)(9)(A)(i))
- Detention without bond by immigration authorities while removal proceedings occur (8 U.S.C. § 1226(c)(1)(B))
- Ineligibility for cancellation of removal or other relief from deportation (8 U.S.C. § 1229b(a)(3))
A burglary conviction can severely harm your immigration status and prospects of remaining in the U.S.
Consulting with an experienced criminal defense attorney is critical to understanding how potential pleas or convictions could impact your immigration situation. An attorney may be able to help craft a plea agreement that avoids the harshest immigration consequences.
Eligibility for Pretrial Diversion if Charged with a Crime Under California PC 459
If you are charged with burglary under California PC 459, it is important to consider all your options. This often includes reviewing plea agreements and opportunities to enter a pretrial diversion program.
Pretrial diversion could be a viable option for your burglary charges if you are a first-time offender. Additionally, as long as there was no physical bodily injury or the use of a deadly weapon in your case, the charges against you may be considered non-violent.
This means you may qualify for pretrial diversion. Here, if you complete the terms of the program, the charges against you can be reduced or dismissed. However, if you fail to follow the requirements of the pretrial diversion program, the state can move forward with the criminal charges against you under California Penal Code section 459: Burglary.
California Penal Code Section 459: Common Defenses
It is important to take any burglary charge seriously in Los Angeles. Some defenses can work in PC 459 cases, but they typically require the help of a professional Los Angeles criminal defense lawyer. A lawyer may be able to argue:
You Were Falsely Accused
Eyewitness misidentification is a common cause of wrongful convictions. If the witnesses who placed you at the scene of the crime gave an inaccurate physical description or admitted mistaken identity, you may be falsely accused. Your attorney can argue insufficient evidence or challenge the reliability of any identification evidence.
You Only Took Your Property
Sometimes, individuals enter a property to retrieve something that belongs to them. You should not be convicted of theft crime under PC 459 if you were only taking your property, not the property of anyone else.
There Was No intent to Commit Theft or a Felony
An essential element of burglary is intent to commit theft or another felony upon entering a building or dwelling. If you had no intention of stealing or committing a felony crime, you may not have met the requirements for a burglary charge. For example, if you entered a building for dwelling purposes, such as to get warm or find shelter.
You Had Consent or Authorization to Enter
Burglary requires entering without consent. If the owner permitted you to enter the property, or you had some other lawful reason to be present, it may not qualify as burglary. For example, if you entered to carry out repairs at the request of the owner.
You Were In Another Location
Police may accuse the wrong person of committing the burglary. Your attorney can construct an alibi defense by gathering evidence and witness statements to demonstrate you were elsewhere at the time the crime occurred.
Unlawful Search and Seizure
If police conducted an illegal search of your property or person, any evidence obtained may be excluded at trial under the exclusionary rule. This could cause the prosecution’s case to collapse.
An experienced criminal defense lawyer can thoroughly analyze the prosecutor’s evidence and identify any plausible defenses that could lead to an acquittal or dismissal of your burglary charges.
How California Penal Code Section 459 Is Proven
For the prosecution to obtain a conviction under PC 459, they must prove all the elements of burglary beyond a reasonable doubt. A critical element they must establish is your intent to commit a theft or felony at the time you entered the building or dwelling.
Lack of intent is a common defense in burglary cases. California law requires intent to be proven in order to convict someone of the crime of burglary. A skilled defense attorney can argue you did not have the required intent to steal or commit a felony when entering the property for the very reasons listed above.
Without evidence of felonious intent, the prosecution may struggle to meet their burden of proof for burglary crimes. Your attorney can file motions to dismiss if the evidence cannot establish intent. They may also argue to the jury in trial that the prosecution failed to prove this vital element of the crime.
Using lack of intent as a defense against burglary charges may lead to reduced charges or an acquittal. An experienced lawyer can employ this defense effectively on your behalf.
California Penal Code Section 459: Getting Help
You do not have to try to figure out California Penal Code Section 459: Burglary on your own. Getting professional help from the Simmrin Law Group can make understanding this charge easier. Learn more about your legal options if you are charged with burglary with a free consultation.
You can fill out our online contact form or call us to learn more.