{"id":391,"date":"2020-06-15T10:24:00","date_gmt":"2020-06-15T10:24:00","guid":{"rendered":"http:\/\/localhost\/monderlaw\/?page_id=391"},"modified":"2021-05-21T12:06:15","modified_gmt":"2021-05-21T12:06:15","slug":"san-diego-burglary-criminal-lawyer","status":"publish","type":"page","link":"https:\/\/www.monderlaw.com\/theft\/burglary\/","title":{"rendered":"San Diego Burglary Criminal Lawyer"},"content":{"rendered":"

Burglary\u00a0in San Diego<\/h2>\n

Burglary is the act of\u00a0entering a structure with the intent to commit a crime therein. In San Diego there\u00a0are three different offenses that can be committed during a burglary, petty theft, g<\/a>rand theft or felony. Petty theft is the unlawful taking with the intent to steal property valued under $950. Conversely, grand theft is the unlawful taking with the intent to steal property valued over $950. A felony is the classification for the most serious offenses, usually resulting in imprisonment for more than one year. This is why it is essential that you contact a competent lawyer<\/a> to prepare your criminal defense.<\/p>\n

Understanding Penal Code Section\u00a0459<\/h2>\n

In consideration of the seriousness of burglary, California has criminalized it under Penal Code section 459. Under this law, \u201cAny person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary”.<\/p>\n

Basically, to convict someone of PC 459, the prosecutor must prove each of the following elements beyond a reasonable doubt:<\/p>\n

    \n
  1. The defendant entered a building\u00a0or a vehicle;<\/li>\n
  2. With the intent to\u00a0commit petty theft, grand theft, or a felony therein.<\/li>\n<\/ol>\n

    Understanding Penal Code Section\u00a0460<\/h2>\n

    California penal code section 460(a) is a special allegation that makes burglary of a residence with an occupant, a strikeable offense under California’s Three Strikes Law.\u00a0California\u00a0separates\u00a0burglary into two different categories under Penal Code section 460. Under this law, “Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation,\u00a0floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code,<\/span>\u00a0or trailer coach,<\/span>\u00a0as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree. All other kinds of burglary are of the second degree.”<\/p>\n

    Basically, to convict someone of PC 460, the prosecutor must prove each of the following elements beyond a reasonable doubt:<\/p>\n

    First Degree Burglary<\/h3>\n
      \n
    1. The defendant entered a dwelling;<\/li>\n
    2. With the intent to\u00a0commit petty theft, grand theft, or a felony therein.<\/li>\n<\/ol>\n

      Second Degree Burglary:<\/h3>\n
        \n
      1. The defendant entered any\u00a0structure that is not a dwelling;<\/li>\n
      2. With the intent to\u00a0commit petty theft, grand theft, or a felony therein.<\/li>\n<\/ol>\n

        Understanding PC 460(a) Strike Allegation<\/h2>\n

        Under California Penal Code section 460(a), “any burglary of the first degree, wherein it is charged and proved that another\u00a0person, other than an accomplice, was present in the residence during\u00a0the commission of the burglary” will result in a special strike allegation. Commercial burglaries\u00a0are considered less serious\u00a0offenses because they occur after business hours when\u00a0the structures are not usually inhabited. Residential burglaries are considered more serious offenses because the structures are dwellings and they are usually inhabited. Hot prowl burglaries are the most serious offenses\u00a0because the residences\u00a0are inhabited at the time of\u00a0the burglary.<\/p>\n

        Be very careful because this allegation\u00a0of an inhabited structure is what makes first degree burglary a strikeable offense. California’s Three Strikes\u00a0sentencing scheme\u00a0gives strikes to repeat offenders convicted of serious or violent felonies, with each strike adding significant time to their prison sentences. You need an experienced San Diego criminal attorney who knows how California’s Three Strikes law works and will\u00a0take the necessary precautions\u00a0to protect you from any strikes. At Monder Law Group, we accomplish this by holding the prosecution accountable to their burden of proof.<\/p>\n

        Basically, to prove first degree burglary\u00a0with a PC 460(a) strike allegation for an inhabited structure, the prosecutor\u00a0will have to\u00a0prove each of the following elements beyond a reasonable doubt:<\/p>\n

        Hot Prowl\u00a0Burglary:<\/h3>\n
          \n
        1. The defendant entered a residence or a commercial structure;<\/li>\n
        2. With the intent to\u00a0commit petty theft, grand theft, or a felony therein;<\/li>\n
        3. While occupants were still inside.<\/li>\n<\/ol>\n

          First Degree Burglary is a Felony<\/h2>\n

          Felony First Degree Burglary Penalties:<\/h3>\n