The Role of Intent in Burglary Cases | CA Penal Code 459 PC
Facing burglary charges under California Penal Code 459 can be overwhelming, especially when intent plays such a critical role in determining the outcome of your case. Whether you’re accused of entering a property with the intent to commit theft or another felony, the consequences of a conviction are severe. At The Law Offices of Arash Hashemi, we understand how serious these charges are and are committed to helping you navigate the legal process with a strong defense.
California Penal Code Section 459 defines burglary as the unlawful entry into a structure with the intent to commit theft or any other felony. The intent to commit a crime at the time of entry is a crucial factor in any burglary case, and it must be proven by the prosecution in order to secure a conviction. Without this specific intent, the charge may not hold, and the defendant could face lesser charges like trespassing.
If you or a loved one is facing burglary charges, don’t navigate the legal system alone. Call our office at (310) 448-1529 to schedule a consultation with Attorney Hashemi. We’ll sit down with you, carefully review the details of your case, and discuss the best defense options to protect your rights and your future. We’re committed to helping you through every step of the process with personalized, dedicated representation.
Understanding California Penal Code 459: What Constitutes Burglary?
According to California Penal Code 459, burglary occurs when a person unlawfully enters a residential or commercial building, or even a locked vehicle, with the intent to commit:
- Theft, or
- Any felony
Burglary is a specific intent crime, meaning that the prosecution must prove that the defendant intended to commit theft or another felony at the time they entered the property. This element of intent distinguishes burglary from other property crimes like trespassing or vandalism, which may not require proof of intent to commit a felony or theft.
Degrees of Burglary in California
- First-Degree Burglary: This applies to burglaries committed in residential structures, such as homes, apartments, or any place where people live. First-degree burglary is always charged as a felony and is considered more serious because it involves the sanctity of a person’s home.
- Second-Degree Burglary: This applies to burglaries committed in non-residential structures, such as businesses, commercial buildings, or even locked vehicles. Second-degree burglary can be charged as either a misdemeanor or a felony, depending on the specific circumstances of the case and the defendant’s criminal history.
Why Intent is Crucial in California Burglary Charges
In California burglary cases, the intent to commit a crime upon entering the property is the defining element. For a burglary conviction under Penal Code 459, the prosecution must prove beyond a reasonable doubt that the defendant had a specific intent to commit theft or another felony at the moment they entered the structure. Simply entering the property or committing a crime after entry is not enough to meet the burden of proof for a burglary charge.
Intent vs. Opportunity: Understanding the Difference
For instance, if someone enters a store during regular business hours and impulsively steals an item, they may be charged with theft or shoplifting, but not burglary, because they did not have the intent to steal when they first entered the store.
On the other hand, if a person breaks into a store after hours with the intent to steal, even if they leave without taking anything, they can still be charged with burglary based on the intent they had at the time of entry. The prosecution’s ability to establish this intent is what separates burglary from lesser offenses like trespassing or vandalism.
How Prosecutors Prove Intent in California Burglary Cases
Proving intent in California burglary cases can be difficult, as it requires establishing what the defendant was thinking at the time of entry. Since intent is a mental state and cannot be directly observed, prosecutors typically rely on circumstantial evidence to show that the defendant entered the property with the intention to commit a crime.
One common way to prove intent is through the possession of burglary tools. If the defendant was found with items commonly used for break-ins—such as crowbars, lock picks, or masks—this can be strong evidence that they planned to commit theft or another crime. Similarly, statements made by the defendant can be used as evidence of intent. If the defendant made remarks before or during the burglary suggesting they intended to steal or commit a felony, those statements can be introduced in court. The time and manner of entry can also play a role in proving intent. For instance, if the defendant entered the property late at night or through forced means, such as breaking a window or picking a lock, this may indicate they had criminal intentions.
Additionally, the defendant’s behavior after entry can be telling. If they were caught rummaging through drawers or attempting to take valuables, this strongly supports the prosecution’s argument that the defendant entered with the intent to commit theft or another felony. By piecing together these types of evidence, prosecutors build a case to prove intent in California burglary charges.
Legal Defenses to Burglary Charges in California
Several legal defenses may be available to individuals facing burglary charges under Penal Code 459. Each case is unique, and the defense strategy will depend on the facts surrounding the alleged crime. Below are some of the most common defenses used in California burglary cases:
Lack of Intent
A key element of any burglary charge is proving that the defendant intended to commit theft or another felony at the time of entry. If the defense can demonstrate that the defendant did not have this required intent, the burglary charge may not hold. For instance, if the defendant entered the property for an innocent reason—such as seeking shelter from the weather or retrieving something left behind—there may be no burglary charge, as no criminal intent existed.
Mistaken Identity
In some cases, the defendant may be falsely identified as the individual who committed the burglary. Misidentification can happen if there is insufficient or unreliable evidence linking the defendant to the crime. For example, if there were no reliable eyewitnesses or the person charged does not match the description of the suspect, the defense could argue mistaken identity as a valid defense.
Consent
If the defendant had permission from the property owner to enter the structure, they cannot be charged with burglary. Consent effectively negates the unlawful entry element required for a burglary conviction. If the defense can prove that the defendant had prior authorization to enter, the burglary charge may be dismissed.
False Accusation
In some instances, a defendant may be falsely accused of burglary due to personal vendettas or misunderstandings. If the prosecution’s case relies on weak, contradictory, or insufficient evidence, the defense may argue that the allegations are baseless and driven by false accusations.
Penalties for a Burglary Conviction in California
The penalties for a burglary conviction in California vary based on the degree of the crime and whether it is charged as a misdemeanor or felony. The severity of the punishment is influenced by whether the burglary involved a residential or non-residential structure and the specific circumstances of the case.
First-Degree Burglary (Residential)
First-degree burglary applies to burglaries committed in residential structures, such as homes or apartments, and is always charged as a felony. This type of burglary is considered more serious because it involves invading someone’s home. First-degree burglary is classified as a strike under California’s Three Strikes Law, which means repeat offenders could face significantly harsher penalties. Penalties for a first-degree burglary conviction may include:
- Two, four, or six years in state prison
- Formal probation, which may include supervision and mandatory conditions
- Fines up to $10,000
Second-Degree Burglary (Commercial)
Second-degree burglary involves non-residential structures, such as businesses, stores, or vehicles. Depending on the circumstances, it can be charged as either a misdemeanor or felony. The decision to charge it as one or the other often depends on factors such as the defendant’s criminal history and the severity of the offense. Penalties for second-degree burglary can include:
- Misdemeanor: Up to one year in county jail
- Felony: Sixteen months, two years, or three years in state prison
Long-Term Consequences of a Burglary Conviction
Beyond prison time and fines, a burglary conviction in California carries long-term consequences that can affect various aspects of your life. A conviction results in a permanent criminal record, which can make it difficult to secure employment, obtain professional licenses, or find housing. Additionally, having a burglary conviction on your record may restrict certain rights, such as firearm ownership, and can impact future sentencing if you’re charged with other crimes.
Facing Burglary Charges? Contact an Experienced Los Angeles Burglary Defense Attorney
If you’ve been charged with burglary under California Penal Code § 459, understanding the role of intent in your case is critical. Whether it’s first-degree or second-degree burglary, these are serious charges that can carry life-altering consequences. At The Law Offices of Arash Hashemi, we can help you understand the legal elements of intent and work to build a strong defense. Attorney Arash Hashemi is experienced in defending against property crimes and will fight to protect your rights and your future.
To discuss your burglary case, contact our office at (310) 448-1529. You can also schedule a 15-minute consultation by using our secure online scheduling system. During your consultation, we’ll review the details of your case and explain the defenses available to you.
Schedule a Consultation:
- Phone: (310) 448-1529
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We are conveniently located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, and Westwood. Contact us today to learn how we can help you navigate your burglary charges.
