Burglary

Burglary

Burglary is the crime of breaking and entering into a structure for the purpose of committing a crime. Contrary to what most people believe, a burglary need not necessarily involve theft. Burglary applies to any crime, such as assault or sexual harassment, whether the intended criminal act is committed or not. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthorized.

Burglary is divided into degrees. Burglary of an inhabited dwelling is first degree and is punishable as a felony by imprisonment in the state prison for 2, 4, or 6 years. Burglary in the first degree also counts as a “strike” under California’s Three Strikes Law. There are several ramifications of a strike. When someone has a strike they must serve 85 percent of any jail or prison sentence. Strikes also have potentially immense ramifications if future felonies are committed. If another felony is committed by a person with one strike he/she will serve no less than 80% of any jail or prison time and the potential prison sentence will be doubled. For example if a person has one prior residential burglary and then gets a second residential burglary conviction, the maximum sentence doubles from six years to twelve years. If a person has two strikes and commits any type of future felony they can spend the remainder of their life in prison (three strikes and you are out for the rest of your life!).

All other types of burglary are second degree, punishable as either a misdemeanor or felony, with imprisonment in the county jail up to one year or imprisonment in the state prison.

California Penal Code Section 459 reads, in pertinent part:

“Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of
Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary.”

Residential Burglary

Residential burglary is defined in California Penal Code Section 459. Residential burglary applies to “inhabited” structures, which means that it is currently being used for dwelling purposes, whether occupied or not.

Commercial Burglary

Commercial burglary usually takes place in businesses. A person can be charged with commercial burglary when they walk into a store with the specific intent to steal. Typically, commercial burglaries will be charged as misdemeanors when the value of the property taken is less than $400.00. This is also referred to as petty theft. However, if the value is over $400.00 then the burglaries will be charged as felonies. This is commonly refereed to as grand theft. Commercial burglary is not a strike, therefore people will be allowed to serve just 50 percent of any prison sentence, instead of the 85% involved in a strike situation.

Burglary of a Motor Vehicle

Burglary of a motor vehicle is a type of burglary that occurs when someone enters an automobile for the purpose of stealing property. The California jury instructions (CALJIC) lay out the elements that must be proved, in order to convict someone of this crime:

“1. A person entered an automobile when the doors were locked; or A person entered the locked trunk portion of an automobile whether the doors were locked or unlocked; and
2. At the time of the entry, the person had the specific intent to steal, take, and carry away someone else’s property and intended to deprive the owner permanently of his or her property.”