Theft - Burglary Cases - Unlawful Entry

Have you been charged with Burglary in the San Francisco Bay Area?

Burglary is illegal entry with intent to commit a crime. Common defense to burglary charges include having a legitimate reason to be there or, having no intentions of committing a crime.

Unlawful Entry

The unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; the offender may simply trespass through an open door. Unlike robbery, which involves use of force or fear to obtain another person's property, there is usually no victim present during a burglary.

Under California law, Penal Code 459, burglary is defined as entering a building, vehicle, vessel or cargo container with the intention of either stealing something or committing a felony. Under the law, the state does not need to prove that you succeeded in stealing or committing a felony; it must only prove that you intended to.

First-Degree Burglary

Burglary committed in someone's home is a first-degree burglary, which is always a felony. In California, it is also known as residential burglary.

Because a first-degree burglary is always a home invasion, the law provides for very severe penalties which can lead to a sentence to as much as six years in state prison. Furthermore, because a first-degree burglary is considered a serious felony in California it will be deemed to be a "strike offense." That means you must serve at least 85% of your prison or jail sentence, regardless of good behavior or other circumstances. It also has serious consequences if you're convicted of another felony later; your prison sentence automatically doubles on the second "strike," and you must serve at least 80% of that sentence. On the third "strike," you may be in prison for life.

Second-Degree Burglary

Burglary's not committed on a residence are second-degree burglaries. In California, they are also known as commercial burglaries and may be charged as misdemeanors or felonies.

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