Wednesday, August 21, 2013


California Penal Code § 459. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel…with intent to commit grand or petit larceny or any felony is guilty of burglary…

This crime, typically referred to as a “breaking and entering,” could lead to a six year sentence, in the event of a conviction. Burglary comes with harsh penalties but it does not mean that the prosecution does not have to prove their case beyond a reasonable doubt.

The prosecution will have to prove every single element of the offense for there to be a conviction. The most litigated element is typically the intent to commit a felony therein. For example, a defendant would not be guilty of burglary if he entered a building for the purposes of committing petty theft. Petty theft is a misdemeanor, not a felony.

We can aggressively defend you against this criminal charge. Because burglary can be charged as either a felony or misdemeanor, depending on the circumstances of your case, it is important to seek representation immediately.