Burglary used to be defined as breaking and entering a residence late at night with the intention of committing a criminal inside. Many of these conditions are no longer in place, and the definition of burglary has been extended.

Burglary in California is defined as entering a building, room, store, car, shipping container, or mine without authorization with the purpose to steal or conduct a crime within. Burglary, for example, is when someone enters another person's residence with the intent of stealing a laptop.

Burglary is divided into first-degree (home invasions) and second-degree (business burglaries) charges in California (everything else). No matter which of these theft crimes you are facing, you can work with Law Office of Michael L. Fell for a comprehensive defense. Just call us at (949) 585-9055 for a consultation.

Burglary in the First Degree

First-degree burglary is defined as a break-in into a "occupied" structure or vehicle. "Inhabited" refers to a structure that is currently being utilized for residential purposes, whether or not it is occupied. A person's primary or usual abode does not have to be an occupied structure or vehicle. Under California law, vacation houses, apartments, houseboats, and recreational vehicles are all deemed "inhabited" structures or vehicles. First-degree burglary is a crime punishable by a state jail sentence of two, four, or six years.

Burglary in the Second Degree

A burglary that is not a "home invasion" is classified as a second-degree offense and can be prosecuted as a misdemeanor or felony (called a "wobbler" offense). A misdemeanor involves a potential punishment of one year in prison, whereas a felony brings a sentence of 16 months, two years, or three years in prison.

Looting

Looting is a different felony from second-degree burglary done under a state of emergency, municipal emergency, or evacuation order. Looting is a wobbler offense that bears the same penalties as burglary in the second degree.

Shoplifting and Proposition 47

Proposition 47 (enacted in 2014) lowered the severity of some nonviolent and low-level theft and drug offenses. It also introduced a new shoplifting offense, making it a misdemeanor to enter a business place with the intent to steal property worth less than $950.

Prior to the new shoplifting legislation, these crimes would have been classified as second-degree burglary. Acts that are not covered by the shoplifting statute, such as attempting to steal items worth more than $950, are nevertheless considered burglaries.

Increased Penalties

A burglary including the use of explosives in California carries harsher punishment. When a person commits the following offenses, the penalties are increased:

• Enters any structure with the intent to commit a crime and uses an explosion, torch, or other similar device to open or attempt to access a vault, safe, or other secure location.

A burglary with explosives conviction carries a felony sentence of three, five, or seven years in jail.

Intent to Commit a Criminal Offense

How can you tell whether the defendant plans to steal or do another crime? In most cases, the circumstances surrounding the burglary can reveal the defendant's purpose. If police arrive at a residence in response to an alarm system just as the defendant—who doesn't live there—loads a television into a van, a jury is likely to find that the defendant entered the property with the purpose to steal.

Even if the planned offense or theft never occurs, the defendant commits burglary when he or she enters a structure or vehicle with the intent to steal. If the defendant is attempting to take the television from the wall when the police arrive, the defendant has still committed burglary (and attempted theft).

Contact Law Office of Michael L. Fell at (949) 585-9055 right away if you are facing burglary charges.