Burglary of an inhabited dwelling, house, vessel, floating home, or trailer home is a first-degree offense in California. This crime is the highest-level burglary offense in the state, with burglary of commercial buildings and other non-residential structures being a second-degree offense.
First-degree residential burglary, as defined under California Penal Code Section 460, is a felony offense that can potentially carry severe consequences for offenders if convicted. At the Simmrin Law Group, our team has extensive experience fighting first-degree residential burglary charges. Learn more about how we can help you with a free case evaluation today.
Defining First-Degree Residential Burglary
Burglary is the act of entering any residential or commercial structure or locked vehicle with the intent to commit petty theft, grand theft, or any other felony once inside. Forced entry is not a requirement of a burglary classification.
Additionally, no further crime has to occur in order for a charge to be brought. As soon as the structure is entered, with the intent to commit a crime, burglary is considered to have taken place under California law.
What Qualifies As a Residence?
One of the crucial factors in determining whether a burglary charge qualifies as first-degree residential burglary is assessing what qualifies as a residence. Any structure used for sleeping and storing possessions can be classified as a residence.
A structure does not have to be in a fixed location to qualify. That means that things like RVs and tents can count as residences under the law. Guesthouses can also be considered residences, even if they are unoccupied, as long as they are occasionally used. Additionally, an attached garage will also fall under this classification.
Apartments, condos, hotel rooms, and common facilities within these structures, like laundry rooms, can also be considered residences under PC 460. When burglary is committed at any of the residences, as mentioned earlier, the crime will be prosecuted as first-degree residential burglary pursuant to California Penal Code 460.
Elements of First-Degree Residential Burglary
Establishing each of these legal elements beyond a reasonable doubt is required for prosecutors in California to secure a felony first-degree residential burglary conviction carrying severe penalties.
Specifically, the prosecution must prove the accused made physical entry into a private structure inhabited as a residence, intended to commit theft or additional felonies once inside, and completed or attempted those further criminal acts.
Defenses disputing any failures around these aspects of unauthorized entry, intent, theft, or consequences can be effective counters. This is why consulting experienced criminal defense attorneys early when facing accusations of first-degree residential burglary involving possession of burglary tools is critical.
Potential Penalties for a First-Degree Residential Burglary Conviction
First-degree burglary is a felony charge in California. As such, it carries severe legal penalties. A conviction under California PC Section 460 can result in up to six years in prison.
If the burglarized structure was not a residence, you could face a second-degree burglary charge. A second-degree burglary offense is a wobbler in California. That means it can be prosecuted as either a felony or a misdemeanor.
Even if a second-degree burglary charge is prosecuted as a felony, the penalties are not as harsh as those of a first-degree offense. A conviction for felony second-degree burglary is punishable by up to three years in prison. If convicted of a misdemeanor charge, you will face up to one year in jail.
Penalty Enhancements That Lead to Maximum Sentence Options
These enhancements can increase the potential consequences for offenders if certain circumstances are present. Here are some common penalty enhancements:
- Use of a deadly weapon: If the defendant used or was armed with a firearm or another deadly weapon during the commission of first-degree residential burglary, it can lead to enhanced penalties. This enhancement can result in additional prison time or stricter sentencing.
- Prior convictions: If the defendant has prior convictions, especially for serious or violent offenses, it can lead to enhanced penalties. California has a “Three Strikes” law that imposes longer sentences for individuals with certain prior convictions.
- Great bodily injury: If the defendant inflicted great bodily injury on a victim during the commission of first-degree residential burglary, it can lead to enhanced penalties. Great bodily injury refers to significant physical harm beyond mere minor injuries.
- Gang enhancement: If the prosecution can establish that the defendant committed the offense for the benefit of, at the direction of, or in association with a criminal street gang, it can lead to gang enhancements. Gang enhancements can result in additional prison time or other penalties.
Specific penalties and enhancements can vary depending on the circumstances of the case, the defendant’s criminal history, and other factors that may result in a longer jail sentence or larger penalty fines.
Common Defenses Against a First-Degree Residential Burglary Charge
Many defense options can be used against a first-degree residential burglary charge. Some of the more common legal defense arguments include:
- The structure was not a residence
- Mistaken identity
- No intent
The Structure Was Not a Residence
If you can show that the structure you entered was not a residence, you can avoid a conviction under Penal Code 460. However, this defense does not clear you of any wrongdoing. You could still be convicted of second-degree burglary and face the charges for that crime instead.
Mistaken Identity
Unfortunately, people are mistakenly identified as the perpetrator of a crime far too often. Sometimes, mistaken identity occurs out of confusion, while in other instances, an individual is maliciously identified.
There are many ways in which a witness can accidentally accuse the wrong person of a crime. Sometimes, the person identified as the culprit shares a resemblance with the offender. Other times, the accused may have been in the area when the crime occurred, and the witness remembered the face and falsely identified it with the crime.
Malicious mistaken identity occurs when a witness wrongfully identifies an individual on purpose. This often occurs out of anger and with the intent to get even with the accused or otherwise punish them.
No Intent
A vital element that must be present to be convicted under Penal Code Section 460 is intent. You are only guilty of first-degree residential burglary if you entered a residential dwelling with the intent to commit petty theft, grand theft, or another felony. If you entered the structure with no intent to commit a further crime, you should not be found guilty.
However, you could face another charge, such as trespassing, depending on the circumstances.
Since there are different forms of burglary cases, there is no one-size-fits-all approach. Depending on the specifics of your case, a defense strategy can be created by a licensed professional with experience in getting criminal charges reduced or dropped.
Contact an Experienced Criminal Defense Lawyer Today
If you are facing charges for first-degree residential burglary under California PC Section 460, you must retain an experienced criminal defense lawyer to help you fight this charge. At the Simmrin Law Group, we have helped our clients fight back against this and many related charges.
Contact us today by giving us a call or filling out our online contact form. We offer free, no-obligation consultations. We will be happy to review your case and answer any questions you may have.
Once we have looked over your case, we will offer legal advice on how best to proceed. Should you choose to retain our services, we will immediately get to work investigating your case and building your defense.