Burglary: Penal Code 459

• You entered a house, room, store, other building, or another place listed in PC 459, and
• At the moment you entered, you intended to commit theft or a felony inside.

• First degree (PC 460(a)): burglary of an inhabited dwelling, such as a home. PC 461 sets the punishment at two, four, or six years in state prison.
• Second degree (PC 460(b)): every other burglary, such as a commercial building. Punishable by up to one year in county jail or by a jail term under PC 1170(h).
• Shoplifting (PC 459.5): entering an open business intending to steal property worth $950 or less is generally charged as misdemeanor shoplifting instead of burglary. Prior convictions can change this.

• No intent to steal or commit a felony at the time of entry. Intent formed afterward is not burglary.
• You had permission to be there, or the place does not qualify under the statute.
• Mistaken identity, weak surveillance footage, or unreliable eyewitness identification.
• Unlawful search or arrest, which can lead to evidence being suppressed.

Every case turns on its own facts. In a free, confidential consultation I’ll read your paperwork, explain the charge and the realistic options, and tell you what I would do next. I handle every case personally, for a flat fee.