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Burglary Charges in California Carry Consequences That Scale With the Facts

First-degree burglary of an inhabited dwelling is always a felony, always a strike, and always carries state prison exposure. Second-degree burglary of a commercial building is a wobbler — but one that still creates a felony record if not handled correctly. The defining element of both is intent at the time of entry, and that element is more contestable than many defendants realize. At the Law Office of Nic Cocis, we have defended burglary charges in Riverside County courts for over 25 years, including at the Southwest Justice Center where these cases are tried.

Defending Burglary Cases in Murrieta and Southwest Riverside County

How Penal Code § 459 Defines Burglary

California's burglary statute, Penal Code § 459, defines burglary as entering any structure — house, room, apartment, shop, warehouse, barn, tent, vessel, or other building — with the intent to commit theft or any felony inside. The crime is complete at entry with intent. Whether the theft or felony was accomplished doesn't matter. Whether the building was locked or unlocked doesn't matter. Whether anyone was home doesn't matter for the charge — though it matters enormously for the degree.

First-degree burglary.

§ 460(a). Burglary of an inhabited dwelling house, vessel, floating home, trailer coach, or inhabited portion of any building. “Inhabited” means currently being used for dwelling purposes, whether or not someone is present at the time. First-degree burglary is always a felony, always a serious felony under § 1192.7 (a strike), and carries two, four, or six years in state prison. There is no misdemeanor option.

Second-degree burglary.

§ 460(b). All other burglary. Entering a commercial building, an uninhabited structure, or any non-dwelling with theft or felony intent. It’s a wobbler — misdemeanor with up to one year in county jail, or felony with 16 months, two, or three years in state prison.

The distinction between first and second degree turns on whether the structure was inhabited — and that determination is sometimes more ambiguous than prosecutors acknowledge. A vacation home intermittently occupied, an outbuilding attached to a residence, or a commercial space with a residential unit above all present factual questions about inhabited status that affect which charge applies.

The Intent Element — Where Burglary Defenses Begin

Burglary requires the intent to commit theft or a felony at the time of entry. Not after entry. If someone entered a building lawfully and only formed the intent to steal afterward, the burglary element isn't satisfied — though the completed theft may support a different charge. The timing of intent is a fact question, and in cases where entry was for a legitimate purpose and the theft was opportunistic rather than premeditated, the burglary theory may not hold.

How We Can Help with Burglary Charges

The defense in a burglary case is built around the intent evidence, the structure's inhabited status, and the constitutional validity of any search that produced the evidence.

Challenging the inhabited status determination in first-degree cases
Contesting the intent-at-entry element through the evidence of how entry occurred
Pursuing misdemeanor treatment for second-degree wobbler charges
Challenging unlawful searches that produced the burglary evidence
Addressing Three Strikes exposure where first-degree burglary is charged
Evaluating evidence of identity where the prosecution relies on circumstantial proof

What to Expect When You Work with Us

01

Intent Analysis

We examine how entry occurred, the circumstances surrounding it, and whether the evidence actually establishes intent at the moment of entry rather than a decision formed after the fact. The distinction matters legally and affects both the charge and the defense.

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02

Inhabited Status Review

In cases charged as first-degree burglary, we examine whether the structure actually qualifies as inhabited under California law. An outbuilding, a garage, or a structure used only seasonally may not meet the standard — and that determination changes the entire sentencing picture.

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03

Wobbler Pursuit

For second-degree charges, we pursue misdemeanor treatment wherever the evidence and circumstances support it. A misdemeanor burglary conviction and a felony burglary conviction are worlds apart in their consequences.

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04

Strike Analysis

First-degree burglary is a strike. We evaluate strike consequences from the first case review and factor them into every strategic decision throughout the case.

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Why Choose the Law Office of Nic Cocis?

Strike Consequence Awareness

Evaluates Three Strikes exposure from the beginning of every first-degree case

Inhabited Status Experience

Has contested the inhabited status determination in burglary cases

25+ Years of Felony Litigation

Extensive Riverside County burglary defense experience

Multilingual Services

English, Romanian, and Spanish available

Frequently Asked Questions

California courts have held that permission to enter doesn't negate burglary if the entry was obtained by fraud or if the permission didn't extend to the purpose for which the building was entered. A worker who enters a client's home with permission but intends from the start to steal something inside has still committed burglary — the permission was obtained under false pretenses. Genuine, unconditional permission to enter for a legitimate purpose, however, negates the unlawful entry element. The nature and scope of any consent to entry is examined carefully in every case where it's relevant.

An attached garage that is part of an inhabited residence can qualify as an inhabited dwelling for purposes of first-degree burglary, particularly if it provides direct access to the living area. California courts have treated attached garages as part of the inhabited structure in most circumstances. Detached garages and outbuildings with no connection to the inhabited dwelling present a different analysis. We examine the specific structure involved in every case where the inhabited status determination affects the degree of the charge.

Yes. A wobbler felony conviction under § 460(b) can be reduced to a misdemeanor under Penal Code § 17(b) after successful completion of probation, or at sentencing if the court exercises its discretion. A § 17(b) reduction changes the conviction to a misdemeanor for all purposes and restores certain civil rights. We advise on § 17(b) eligibility and timing in every second-degree burglary case.

Facing Burglary Charges in Murrieta?

Contact the Law Office of Nic Cocis for a consultation. We serve clients in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, French Valley, and throughout Southwest Riverside County.

  • Murrieta

  • Menifee

  • Wildomar

  • Canyon Lake

  • Temecula

  • Lake Elsinore

  • Winchester

  • French Valley

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