In a burglary case under California Penal Code 459, proving intent is often the most critical factor for the prosecution. The law requires showing that the accused specifically intended to commit burglary or intended to commit a felony at the time of entry. Without clear evidence of this intent, the foundation of the charge can be challenged. If you or a loved one is facing burglary charges, it is essential to contact an experienced criminal defense attorney who can carefully review the facts of the case and protect your rights.
An Overview of the Crime of Burglary Under California Penal Code 459
California Penal Code 459 defines burglary as:
- The act of entering any premises, building, or defined structure; and
- The intent to steal (whether grand or petty theft) or to commit any felony inside the premises at the time of entry; and
- The value of the intended stolen property was more than $950; and
- The structure entered is not a commercial business; or
- The structure is a commercial business, but it was not open to the public at the time of the entry.
If you or someone you loved is being charged with burglary. then you must take the charges seriously as punishments for convictions can result in prison, jail, fines as much as $10,000. It will also result in a criminal record and tarnished reputation. Additionally, a felony burglary conviction counts as a “strike” under California’s infamous “Three Strike’s Law.” It is important to understand the penalties for burglary in California and the legal defense strategies available that can help you fight to maintain your freedom .
The Prosecution Bears the Burden of Bringing and Proving the Criminal Charges
In California, the prosecution carries the full burden of bringing burglary charges and has the sole discretion to determine whether to charge burglary in the first degree or second degree. First-degree burglary is always charged as a felony and carries significantly harsher penalties. Second-degree burglary, by contrast, is considered a “wobbler” offense, meaning it can be charged either as a felony or a misdemeanor depending on the circumstances. Regardless of the degree, the prosecution must prove every element of the crime beyond a reasonable doubt to secure a conviction.
The Crucial Role of Proving Intent in Prosecution California Burglary Cases
Intent plays a critical and central role for prosecutors when attempting to prove a burglary offense in the state of California. Under California law, burglary is considered a specific intent crime, meaning the prosecution must prove not only that the defendant engaged in the act itself, but also that they acted with the specific intent to achieve a desired outcome. For example, in a California burglary case, the prosecution must demonstrate that the defendant entered a property with the specific intent to commit a burglary or with the intent another felony at the very moment of entry. This requirement means it is not sufficient to simply just show that a crime was committed after entering; the intent must have existed beforehand. If the prosecution determines they cannot establish the defendant’s intent to commit burglary or another felony at the time of entry, the charges may be reduced; most likely to a lesser theft or trespassing offense, depending on the circumstances of the case. However, if the burglary charge moves forward to trial, as in every criminal matter, the prosecution must prove each element of the offense beyond a reasonable doubt. If the prosecution fails to prove even one single element, such as intent, the jury is obligated under the law to return a verdict of not guilty, and the defendant will be acquitted of the burglary charge under Penal Code 459.
Contact The Law Office of Nicolai Cocis Today to Fight Your California Burglary Charge
If you are facing burglary charges, having skilled representation matters. The Law Office of Nicolai Cocis has decades of experience achieving favorable outcomes in and out of the courtroom, and we focus on defense strategies that fit your unique situation. Contact us to ensure your case is handled by experts who truly understand the stakes.
