Practice area – Burglary
Charged with burglary in Riverside County?
First-degree (residential) burglary is a Strike Offense. Second-degree (commercial) is a wobbler. The classification depends on what was entered – not what was taken.
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What you’re facing
Burglary (PC 459) is entering a structure with intent to commit theft OR any felony. The act of entry with intent is the crime – completion of the theft is not required. First-degree burglary (PC 460(a)) – entering an inhabited dwelling, vessel, or trailer – is a Strike Offense: 2, 4, or 6 years state prison. Second-degree burglary (PC 460(b)) – any other structure – is a wobbler: up to 1 year (misdemeanor) or 16 months, 2, or 3 years (felony). Enhancements for someone being present, GBI, or weapons add additional exposure.
Defenses I build
Burglary cases hinge on intent at the time of entry. The prosecution must prove you formed the intent to commit theft or another felony BEFORE entering – not after. I challenge the intent element through entry context, behavior inside, and any explanation for being there. I dispute identification when the case rests on eyewitness or partial-print evidence. I work to keep wobbler second-degree burglary at the misdemeanor level. Suppression motions on the underlying search often eliminate key evidence.
Burglary Case Results
Charged With
Case result available on consultation
Outcome
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Burglary – Riverside Co.
Charged With
Assault w/ Deadly Weapon + Great Bodily Injury
Outcome
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Burglary – Riverside Co.
Charged With
Take-Over Robbery, Kidnapping, 3 Strikes – Multiple life counts
Outcome
12 Years
Burglary – Riverside Co.
Charged With
Case result available on consultation
Outcome
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Burglary – Riverside Co.
Charged With
Case result available on consultation
Outcome
12 Years
Burglary – Riverside Co.
Charged With
ADW + Robbery + GBI + Gang Affiliation
Outcome
NOT GUILTY
Burglary – Riverside Co.
Charged With
Attempted Murder – Facing 7 yrs to Life
Outcome
Misdemeanor, Time Served
Burglary – Riverside Co.
Common Questions
Can I be charged with burglary if I did not take anything?
California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.
First-degree vs. second-degree burglary – what is the difference?
First-degree (PC 460(a)) is residential burglary – entering an inhabited dwelling, vessel, or trailer. It is always a felony and always a Strike Offense. Penalty: 2, 4, or 6 years state prison. Second-degree (PC 460(b)) is everything else – commercial buildings, vehicles (auto burglary), unoccupied structures. It is a wobbler that can be misdemeanor or felony. The classification often turns on whether the structure was actually inhabited at the time of entry.
Does it matter if the building was empty?
For the burglary charge itself, no – the structure does not need to be occupied at the moment of entry. But occupation matters for two things: (1) classification as first vs. second degree (residence inhabited = first degree even if empty at the moment), and (2) the “person present” enhancement (PC 667.5(c)(21)) which converts first-degree burglary into a Violent Felony Strike with significantly worse sentencing exposure.
Types of Burglary Charges I Defend
Burglary classifications and enhancements significantly affect exposure. Understanding which charge applies is critical.
First-Degree Burglary (PC 460(a))
Residential. Strike Offense. 2, 4, or 6 years state prison.
Second-Degree Burglary (PC 460(b))
Commercial or non-residential. Wobbler. Up to 3 years felony.
Auto Burglary
Entry into locked vehicle with intent. Charged as second-degree.
Burglary While Armed (PC 12022)
Possessing a deadly weapon. Adds 1-year enhancement.
Person Present Enhancement (PC 667.5(c)(21))
Makes first-degree burglary a Violent Felony Strike.
Possession of Burglary Tools (PC 466)
Misdemeanor possession of tools intended for burglary.
Burglary of an Inhabited Trailer (PC 460(a))
Treated as first-degree even when not technically residential.
Why Burglary Charges Often Look Worse Than They Are
The prosecution charges burglary aggressively because the entry-with-intent rule makes it broad. The same breadth creates defense angles:
- Intent at the time of entry is the hardest element to prove – prosecutors often rely on circumstantial inference
- If intent was formed AFTER entry, the proper charge is theft (or trespass) – not burglary
- Consent to enter (even mistaken consent) defeats burglary
- Lesser included offenses (trespass, attempted theft) can drop the strike entirely
- The classification (first vs. second degree) often turns on disputed facts about residential status
Burglary cases – especially first-degree residential charges – benefit from early defense involvement. The classification matters more than people realize: second-degree burglary often resolves with no jail time, while first-degree burglary is a strike that doubles future case exposure.
