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Frequently Asked Questions (FAQ) about
Burglary 
What is Burglary?
A person who enters a building, tent, vessel, houseboat, railroad car, locked or
sealed cargo container, trailer coach, any house car, inhabited camper, locked vehicle,
aircraft, or mine with the intent to commit grand or petit larceny or any felony
is guilty of burglary. "Inhabited" means used for dwelling purposes—it does
not require an occupant at the time of the burglary.
Degrees of Burglary (PC 460
)
A burglary of an inhabited dwelling house, a vessel which is inhabited and designed
for habitation, a floating home, trailer coach, or the inhabited portion of any
other building is burglary of the first degree. All other kinds of burglary are
of the second degree.
What are the necessary elements to be found guilty of Burglary?
To prove the defendant committed
Burglary, the state must show that the defendant:
- Entered a building, room, locked vehicle, etc.; and
- At the time of entering the building, intended to commit a theft or other felony.
What is the sentence / punishment for Burglary?
First degree burglary results in imprisonment in the state prison for two, four,
or six years. Second degree burglary is a
wobbler—it can be a misdemeanor
or a felony. If the court deems it a misdemeanor, punishment is in the county jail
for up to one year; if a felony, the sentence can be 16 months, 2 years, or 3 years
in the state prison.
If the burglary is of an inhabited dwelling house or trailer coach, an inhabited
floating home, or the inhabited portion of any other building,
probation
will not be granted except in "unusual" cases where the interest of justice
would best be served.
.
What are possible defenses to charges of Burglary?
To prove someone committed a crime, the state (through its prosecutors) must prove
beyond a reasonable doubt that the defendant committed each element of the crime.
Therefore, defenses to any crime start with negating one or more of the elements
of the crime. Additionally, some crimes allow for "affirmative" defenses
which, if the defendant can prove the defense applies, will result in a verdict
of "not guilty" even if the prosecutor proves the defendant met each of
the elements of the crime.
For
Burglary, convincing the jury that the prosecutor failed to prove beyond
a reasonable doubt that the defendant intended to commit a felony at the time he
entered the location would be enough to get a not guilty verdict.
If the prosecutor can prove all the elements of
Burglary, however, the defendant must prove that one or more justifications
for his actions existed (i.e., it is the defendant's burden to prove an affirmative
defense). For
Burglary, some of these justifications include:
- Permission from the owner;
- Alibi;
- Duress / Threats;
- Necessity;
- Accident;
- Entrapment; and
- Statute of Limitations.
As with all information on this site, this information is provided for background
information only. It is not all inclusive and important information relevant to
your situation may not be on the website. If you have a legal issue, please do not
take any action (or inaction) based on information on this or any other site. Please
contact an attorney to discuss your case before making a decision on how to proceed.
You can reach an attorney at the
American Justice Center
by calling toll-free
1-877-432-5325.
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Contact Us:
980 9th Street,
16th Floor
Sacramento
California
95814
1-877-432-5325
toll-free
1-877-837-3609
fax
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