What Is Burglary Under Penal Code 459?
Under California Penal Code 459 (PC 459), burglary is defined as entering any structure — residential, commercial, or even a vehicle — with the intent to commit theft or a felony once inside. The offense is considered complete as soon as the suspect enters the structure with criminal intent, regardless of whether the intended crime is actually carried out.
PC 459 covers two primary classifications: first-degree burglary and second-degree burglary.
First-Degree Burglary
First-degree burglary involves entering an inhabited residence or dwelling. It is the more serious offense and is considered a strike offense under California’s Three Strikes Law. A conviction can result in up to six years in state prison.
Second-Degree Burglary
Second-degree burglary applies to commercial properties, vehicles, or other structures not used as residences. It is a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony at the prosecutor’s discretion.
- Felony penalties: Up to 3 years in state prison and up to $10,000 in fines.
- Misdemeanor penalties: Up to 1 year in county jail and up to $1,000 in fines.
“Breaking and Entering” Is Not Required
California law does not require that a person physically break into a structure. Simply entering a building, room, or vehicle with the intent to commit a crime qualifies as burglary.
Even walking through an unlocked door can constitute burglary — what matters is whether the person intended to commit a theft or felony when they entered.
Legal Definition of Penal Code 459
Every person who enters any building, room, house, apartment, shop, warehouse, vehicle, or structure — including boats, trailers, and other enclosed spaces — with the intent to commit grand or petty theft, or any felony, is guilty of burglary.
A “residence” or “inhabited dwelling” means a place currently used for dwelling purposes, whether or not it is occupied at the time of entry.
Penalties for Burglary in California
First-Degree Residential Burglary (Felony)
- Two (2), four (4), or six (6) years in state prison
- Fines up to $10,000
- Ineligible for probation
Second-Degree Commercial Burglary
- Felony: 16 months, two, or three years in state prison
- Misdemeanor: Up to one year in county jail and/or fines up to $1,000
Penalty Enhancements and Exceptions
Certain aggravating factors can increase the sentence for burglary convictions, including:
- Use of explosives or torches: Additional 3, 5, or 7 years in state prison.
- Inflicting great bodily injury: Additional 3 to 6 years.
- Victims who are elderly, disabled, or minors: Additional 1 to 2 years if the victim was over 65, under 14, blind, deaf, mentally disabled, or physically impaired.
- Occupied residence: If someone was home during a first-degree burglary, an extra 3 years can be added.
- Prior felony convictions: One additional year for each felony burglary conviction within the past five years.
Intent – The Key Element in PC 459 Cases
The intent to commit theft or a felony at the time of entry is the cornerstone of any burglary case. Prosecutors must prove that the defendant entered the structure already intending to commit a crime.
If the intent was formed after entering, the proper charge would likely be petty theft or another lesser offense.
For example, if a person walks into a store and decides to steal an item after entering, that act may not qualify as burglary under PC 459. But if they entered the store planning to steal, it would.
Defending Against a PC 459 Charge
Successfully fighting a burglary charge requires a knowledgeable and aggressive defense attorney. Esfandi Law Group uses several defense strategies depending on the circumstances of the case.
1. Lack of Evidence of Intent
The prosecution must prove beyond a reasonable doubt that the defendant had criminal intent before entering. Without proof of this intent, a burglary conviction cannot stand. This is one of the most common and effective defenses.
2. Didn’t Knowingly Commit a Crime
A defendant may not have realized they were committing a crime — for instance, mistakenly believing an item belonged to them or that they had permission to take it. This mistake of fact defense can reduce or dismiss the charge.
3. Consent
If the property owner gave the defendant permission to enter or take the property, then there was no unlawful entry. Consent is a valid defense against PC 459.
4. Innocence
If the defendant simply did not commit the crime, a strong defense attorney can present evidence and witness testimony to prove innocence and obtain a dismissal or acquittal.
Related or Additional Charges
Depending on the details, a PC 459 burglary charge may come with related offenses, such as:
- Grand Theft – PC 487: Theft of property exceeding $950 in value.
- Petty Theft – PC 484: Theft of property valued under $950.
- Robbery – PC 211: Taking property from another person using force or fear.
- Embezzlement – PC 503: Stealing money or property entrusted to you by an employer.
- Trespassing – PC 602: Entering another person’s property without permission.
Why Intent Matters
Intent is what separates burglary (PC 459) from other property crimes. A defendant could enter a structure lawfully but later decide to steal something, that would likely result in a petty theft charge, not burglary.
Prosecutors must prove intent existed at the time of entry, making this element both the most crucial and most difficult to prove.
How Esfandi Law Group Can Help
Facing a California burglary charge under PC 459 is a serious matter that can carry years in prison and a permanent criminal record. You need a skilled legal team that understands both the law and the local court system.
Seppi Esfandi, a seasoned Los Angeles criminal defense attorney, has successfully defended clients against all types of burglary and theft charges. His team will analyze your case, challenge the prosecution’s evidence, and work toward the best possible outcome — whether that’s a case dismissal, reduction, or acquittal.
Contact Esfandi Law Group today for a free consultation. We’ll help you understand your rights, explain your legal options, and start building a strong defense immediately.
