Legal Defenses for Burglary Charges in California | Penal Code 459
Burglary charges in California, governed by Penal Code 459, can lead to significant legal consequences, including imprisonment, fines, and a permanent criminal record. However, various defenses can be raised to fight these charges, depending on the specifics of the case. Below are several common defenses used in California burglary cases:
1. Lack of Intent to Commit a Crime
Burglary requires intent to commit theft or a felony at the time of entering the property. If the defendant didn’t have criminal intent upon entry, the burglary charge may not stand. For example, if someone entered a property believing it was permissible, or with the intent to retrieve personal items, the necessary intent for burglary may be lacking.
Example: If someone entered a home mistakenly believing they were picking up personal belongings, with no intention of stealing or committing any other felony, they may not be convicted of burglary.
2. Consent to Enter the Property
For burglary to apply, the entry must be unlawful. If the defendant had permission from the property owner to enter, or there was a pre-existing relationship between the parties that permitted entry, the charge of burglary may be dismissed.
Example: A tenant who enters a former rental property with permission from the landlord to collect their belongings cannot be convicted of burglary, as the entry was lawful.
3. Mistaken Identity
In some cases, the defendant may not have been the person who committed the crime. If the evidence against the defendant is weak, or if witness testimony or physical evidence is unreliable, the defense could argue mistaken identity. This is especially relevant if there is no direct evidence like clear video surveillance or conclusive DNA evidence linking the defendant to the crime.
Example: A vague description from a witness or poor-quality surveillance footage may not be sufficient to convict someone of burglary if the defense can show doubt about the identification.
4. False Accusations
False accusations often arise in cases involving personal disputes. The defense can argue that the burglary charge is based on fabricated or exaggerated claims. This is a common defense when a conflict, such as a landlord-tenant dispute or a personal vendetta, may motivate someone to falsely accuse another of burglary.
Example: If a property owner falsely accuses a former friend or tenant of breaking in after a disagreement, the defense could argue that the accusations are retaliatory and lack merit.
5. Lack of Evidence
The prosecution must prove beyond a reasonable doubt that the defendant committed the burglary. If the evidence is weak, incomplete, or circumstantial, the defense can challenge its validity. This includes questioning the reliability of forensic evidence, the chain of custody, or the credibility of witnesses.
Example: If fingerprints or DNA evidence do not conclusively match the defendant, or if there is no video evidence showing the defendant at the scene, the defense can argue that there isn’t enough proof to convict.
6. Voluntary Intoxication
While voluntary intoxication is not a complete defense to burglary, it may be used to argue that the defendant lacked the capacity to form the intent necessary to commit the crime. If the defendant was so intoxicated that they couldn’t have formed the intent to steal or commit a felony, the charge may be reduced or dismissed.
Example: A defendant who was extremely intoxicated may argue that, due to their impaired state, they were incapable of forming the necessary intent to commit a crime at the time of entering the property.
7. Coercion or Duress
If the defendant was forced to commit the burglary due to threats of violence or harm, they may argue that they acted under duress. To successfully use this defense, the defendant must prove that they were in immediate danger and had no reasonable opportunity to avoid committing the crime.
Example: If someone threatened the defendant with physical harm unless they broke into a building, the defense of duress may apply if the defendant can prove they had no choice but to comply.
Penalties for Burglary in California
California law divides burglary into two categories:
- First-Degree Burglary (Residential):
- This applies to burglaries of homes and other residential properties.
- It is always charged as a felony, with penalties including:
- 2, 4, or 6 years in state prison.
- Up to $10,000 in fines.
- A strike under California’s Three Strikes Law.
- Second-Degree Burglary (Commercial/Non-Residential):
- This applies to non-residential burglaries, such as businesses or cars.
- It can be charged as a misdemeanor or a felony, with penalties including:
- Misdemeanor: Up to 1 year in county jail.
- Felony: 16 months, 2 years, or 3 years in state prison.
A burglary conviction can have lasting consequences, including difficulty securing employment, housing restrictions, and a permanent criminal record.
Contact an Experienced Burglary Defense Attorney
If you or someone you know is facing burglary charges in Los Angeles, it’s critical to seek legal help from an experienced defense attorney. At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients in serious criminal cases, including burglary. Los Angeles Defense Attorney Arash Hashemi is dedicated to protecting your rights and providing the best defense possible.
Schedule a Consultation:
Phone: (310) 448-1529
Email: Contact@hashemilaw.com
Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
We are located in the Westside Towers, serving clients throughout Santa Monica, Beverly Hills, and Westwood. Contact us today to discuss your case and learn how we can help.
Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.
