First-Degree Residential Burglary – California Penal Code 460 PC

In California, first-degree residential burglary is one of the most serious criminal charges a person can face. Under Penal Code 460 PC, unlawfully entering someone’s home, apartment, or another inhabited dwelling with the intent to commit theft or a felony is classified as first-degree burglary. This offense carries severe consequences, including a potential prison sentence, hefty fines, and a strike under California’s Three Strikes Law.

If you have been charged with first-degree burglary, it’s essential to understand the nature of the charges, the penalties you could face, and the legal defenses that may be available to you. At The Law Offices of Arash Hashemi, our Los Angeles criminal defense attorney provides skilled and compassionate representation for individuals accused of burglary and other serious crimes. Contact our office today at (310) 448-1529 for a confidential consultation.

What Is First-Degree Residential Burglary Under Penal Code 460 PC?

First-degree residential burglary involves unlawfully entering an inhabited dwelling—a home, apartment, or other structure where someone lives—with the intent to commit a theft or any felony inside.

Key Elements of the Crime

To convict someone of first-degree burglary, the prosecution must prove the following:

1. Entry: The defendant entered an inhabited dwelling. This entry can involve physical entry or using an object to gain access, such as breaking a window or picking a lock.
2. Intent: The defendant had the intent to commit theft or a felony inside the residence before entering.

Important Note: The crime is complete at the moment of entry if the intent to commit theft or a felony existed. Even if no property was stolen or the intended felony was not carried out, the defendant can still be charged with first-degree burglary.

What Qualifies as an Inhabited Dwelling?

California law broadly defines an inhabited dwelling as any place where someone lives, even if temporarily or intermittently. Examples include:

• Houses, apartments, townhomes, or condominiums
• Guest houses or rooms within a residence
• Attached garages
• Recreational vehicles (RVs) or trailers used as living spaces
• Houseboats or vessels designed for habitation

Importantly, the dwelling is considered “inhabited” even if the occupant is not present at the time of the burglary. For instance, breaking into a vacation home that is not currently occupied can still result in a first-degree burglary charge.

Penalties for First-Degree Residential Burglary

First-degree residential burglary is always classified as a felony in California. If convicted, the penalties can include:

• Prison Sentence: Up to 6 years in state prison.
• Fines: Up to $10,000.
• Strike Offense: First-degree burglary is considered a strike under California’s Three Strikes Law. A second strike can double the sentence, and a third strike can result in a life sentence.
• Probation: In some cases, the court may grant formal (felony) probation instead of prison time.

If someone was present in the home during the burglary, the crime is classified as a violent felony, requiring the defendant to serve at least 85% of their sentence before becoming eligible for parole.

Additionally, first-degree burglary is considered a crime of moral turpitude, which can have significant immigration consequences for non-U.S. citizens and may affect professional licensing.

Legal Defenses for First-Degree Residential Burglary

Lack of Intent: To be convicted of burglary, the prosecution must prove that you intended to commit theft or a felony before entering the residence. If the intent was formed after entering the home or if there was no intent at all, this element of the crime is not met.

Consent to Enter: If you had permission from the property owner or occupant to enter the home, it is not considered burglary, even if you later committed a crime inside.

The Structure Was Not an Inhabited Dwelling: For a first-degree burglary charge, the structure must qualify as an inhabited dwelling. If the location was vacant, under construction, or not being used as a residence, the charge may be reduced to second-degree burglary, which carries lighter penalties.

False Accusations or Mistaken Identity: In some cases, you may be wrongly accused due to a misunderstanding, misidentification, or malicious intent. Witness testimony, security footage, or alibi evidence can help establish your innocence.

Insufficient Evidence: The prosecution bears the burden of proving every element of the crime beyond a reasonable doubt. If the evidence against you is weak or inconsistent, your attorney can argue for dismissal or a reduction in charges.

Frequently Asked Questions About First-Degree Burglary

Can I Be Charged with First-Degree Burglary If Nothing Was Stolen?

Yes. The crime is complete once you enter the dwelling with the intent to commit theft or a felony, even if you leave without taking anything or completing the intended crime.

What’s the Difference Between First-Degree and Second-Degree Burglary?

First-degree burglary involves inhabited dwellings and is always a felony. Second-degree burglary applies to non-residential properties, such as businesses, and can be charged as either a misdemeanor or a felony (a “wobbler”).

Is First-Degree Burglary Considered a Violent Crime?

Yes, if someone is present in the dwelling during the burglary, it is classified as a violent felony, which carries enhanced penalties under California law.

Contact a Los Angeles Criminal Defense Attorney Today

At The Law Offices of Arash Hashemi, we understand the life-altering consequences of a first-degree burglary charge under Penal Code 460 PC. With over 20 years of experience, Attorney Arash Hashemi provides aggressive and focused legal representation to defend your rights and protect your future. Our team will thoroughly examine the evidence, identify weaknesses in the prosecution’s case, and develop a tailored defense strategy to achieve the best possible outcome.

Don’t let a burglary charge define your future. Take immediate action to safeguard your rights by consulting with a trusted Los Angeles criminal defense attorney who will fight tirelessly on your behalf.

Schedule Your Consultation Today

📞 Phone: (310) 448-1529
📅 Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
📧 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, including weekend appointments.

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.