If you’ve been charged with burglary in California, then you must take the matter seriously. Prosecutors pursue these charges aggressively, and convictions can lead to severe penalties including jail or prison time, probation, fines, and a lasting criminal record. A burglary conviction can significantly impact your future, affecting everything from employment prospects to housing opportunities. Given the high stakes and the harsh consequences, it is essential to act quickly. Contacting a skilled California criminal defense attorney is one of the most important steps you can take to build a strategic defense aimed at protecting your freedom.
The Elements of Burglary Defined Under California Penal Code 459
Understanding California’s burglary law is an essential first step for anyone facing burglary charges or seeking to navigate the criminal justice system. Under California Penal Code 459, burglary is defined as entering any structure with the intent to steal property worth more than $950, or with the intent to commit a felony therein. Knowing the specific legal definition helps clarify how the crime will be charged, how prosecutors will build their case, and how the matter will ultimately be tried in criminal court.
Specifically, California Penal Code 459 requires establishing the following elements for burglary:
- 1. Entry: The defendant entered a structure or locked vehicle; AND
- 2. Intent: When the defendant entered the structure or locked vehicle, they intended to commit theft or intended to commit a felony; AND
- 3A. Value of Property The value of the property taken or intended to be taken was more than $950.00; OR
- 3B.Non-Commerical Establishment: The structure that the defendant entered was a not a commercial establishment; OR
- 3C. Non-Business Hours: The structure was a commercial establishment, and the defendant entered it during its non-business hours.
Establishing All The Elements of Burglary Beyond a Reasonable Doubt
In a criminal case like burglary, the prosecution carries the burden of proof and must establish every element of the offense beyond a reasonable doubt This means the prosecutor must convince the jury that there is no reasonable doubt regarding the defendant’s guilt on each element. If even a single element is not proven to this high standard, the jury must acquit. This safeguard protects the rights of the accused and ensures that convictions are based convincing evidence.
To prove burglary, the prosecution must establish three main elements. First, the defendant unlawfully entered a structure or a locked vehicle. This entry can be physical or through the use of tools, and must be without the owner’s permission. Second, the defendant must have had the specific intent to commit burglary or another felony at the time of entry. This intent is a crucial element and must be present when the defendant unlawfully enters the structure, whether the goal is burglary itself or the commission of any other felony inside.
Finally, the prosecution must prove one of the following circumstances: the property involved was worth more than $950; or the structure entered was not a commercial establishment; or, if it was a commercial establishment, the entry occurred during non-business hours. These factors influence the severity of the charges and the potential penalties.
Challenging the Elements and Defending Against Burglary Charges in California
As all elements of burglary must be met in order to secure a conviction, the defense can raise doubt by challenging even a single element. An effective burglary lawyer will be able to review the allegations against the defendant and contest the evidence related to each element. By uncovering weaknesses or inconsistencies in the prosecution’s case, the defense can create reasonable doubt and secure an acquittal.
Contact The Law Office of Nicolai Cocis for Burglary Defense
If you have been charged with burglary in California, it is important to act quickly. These charges are often prosecuted aggressively, and a conviction can result in jail or prison time, probation, hefty fines, and a permanent criminal record. The long-term impact can limit your ability to find work, secure housing, or to move forward in life. The Law Office of Nicolai Cocis has over 25 years of experience defending clients in Murrieta and surrounding areas. Contact us today to start building a strong and effective defense.
