If you’ve been charged with burglary in Temecula, Murrieta, Menifee, Lake Elsinore, Winchester or Wildomar, it is crucial to understand the implications of this offense. A burglary conviction on your record will affect your freedom, liberty, and limit future opportunities. As such, it is in your best interest to consult with an experienced Riverside County burglary attorney to help plan a strong defense. Continue reading to learn what qualifies as burglary under California Penal Code 459.
The Elements of Burglary Defined Under California Penal Code 459
Burglary is defined under California Penal Code 459 as entering any structure with the intent to steal property worth more than $950, or with the intent to commit a felony. Specifically, the elements for burglary under California Penal Code 459 are:
- 1. Entry: The defendant entered a structure or locked vehicle; AND
- 2. Intent: When the defendant entered the structure or locked vehicle, they intended to commit theft or intended to commit a felony; AND
- 3. Value of Property The value of the property taken or intended to be taken was more than $950.00; OR
- 3. Non-Commercial Establishment: The structure that the defendant entered was a not a commercial establishment; OR
- 3. Non-Business Hours: The structure was a commercial establishment, and the defendant entered it during its non-business hours.
What Are the Two Degrees of Burglary in California?
There are two degrees of burglary in California: first-degree and second-degree. The main differences are as follows:
- First-degree burglary occurs when a person enters an inhabited structure with the intent to steal or to commit a felony.
- Second-degree burglary is committed when a person enters a non-residential structure with the intent to steal or to commit a felony.
First-degree burglary is the more serious offense and carries harsher penalties than second-degree burglary. This is because first-degree burglary involves breaking into a person’s home or place where someone could live, which is seen as a more significant violation as a person’s home is more than just a physical structure. Public opinion holds that a person’s home is sacred, as it represents privacy, safety, and family. Therefore, breaking into a dwelling place is considered a more egregious intrusion than breaking into a non-residential structure.
How to Defend Against Burglary Charges in California
In a criminal trial for burglary, a defendant will be tried before a jury of their peers. The legal burden is on the Prosecution to prove burglary to the jury beyond a reasonable doubt. The Court with give the jury instructions on the elements of burglary. The Prosecution has to make the legal case that all the elements of the crime have been met. The jury must be unanimous in their decision: whether it is guilty or not guilty.
As elements of burglary must be met in order to prove the crime. As such, the defendant can cast doubt by challenging even just one element. However, the defendant will need experienced defense counsel for help to poke holes at the evidence in order for an acquittal.
What Are the Potential Penalties for Burglary in California?
Burglary in the First Degree is charged as a felony and is punishable by up to six years in prison. Burglary in the Second Degree can be charged as either a felony or a misdemeanor, depending on the Prosecutor’s decision. If charged as a misdemeanor, the penalty could be up to one year in jail. If charged as a felony, the penalty could be up to three years in prison. As such, anyone facing charges in Temecula, Murrieta, Menifee, Lake Elsinore, Winchester or Wildomar should consult with a burglary lawyer to develop a strategy for their defense.
Fight Your California Burglary Charge with Dedicated Defense Attorneys at The Law Office of Nic Cocis
If you or a loved one is facing burglary charges in Temecula, Murrieta, Menifee, Lake Elsinore, Winchester or Wildomar, then it is crucial to take immediate action! Your entire future may be at stake. The Law Office of Nic Cocis has over 25 years of experience defending clients facing burglary charges in the Riverside County cities of Temecula, Murrieta, Menifee, Lake Elsinore, Winchester, Wildomar and the neighboring communities. Contact us now so we can prepare your best defense.
