Commercial Burglary 

 

Generally speaking, burglary, as defined under Cal. Penal Code Section 459, is the act of entering into a building with the intention of stealing property or committing another felony. A burglary conviction can result in incarceration, significant fines, and a permanent criminal record. Under California law, entering into a building with the intent to commit a theft or some other felony is classified as Burglary.

 

Commercial or Second Degree Burglary

All other burglaries of cars and businesses are classified as Second Degree Burglary. These auto or commercial burglaries of a store or auto are charged as misdemeanors but can be charged as a felony. Second Degree Burglary is often charged in connection with shoplifting charges. Second Degree Commercial Burglary can be charged if a shoplifter is caught with scissors or some cutting tool used to remove price tags.

 

 

Burglary Penalties

 

 

  • Second Degree Burglary is punishable in county jail or state prison depending on how it is filed. Second Degree Burglary is a wobbler, meaning that it can be charged as either a misdemeanor or a felony. If it is a misdemeanor then the maximum sentence is a year in county jail. If filed as a felony then the maximum sentence is 3 years in state prison. However, Second Degree Burglary is not a “Strike” under California law.

 

Defending Burglary Charges

 

  • The key to burglary is intent of the person entering the residence or other occupied structure. If the person intends to steal or commit a felony when entering, then burglary has occurred. The prosecutor does not have to prove that the theft or felony occurred; only that it was intended at entry. Proving intent may be tricky especially if the theft or felony was not committed. If the requisite intent cannot be proved then the Defense has a chance of defeating the charges.

 

  • Another common defense to burglary is that the accused had a legitimate reason for being on the premises in the past. If fingerprints were lifted at the crime scene then the prints could be explained by a previous visit to the location.

 

  • The defense of mistaken identity could be raised in certain cases. Having a strong and believable alibi would be critical in this situation. Any home or store surveillance videos could help validate the defendant’s alibi.

 

 

Office Locations

Main Office:
Law Offices of David S. Chesley, Inc.
A Professional Law Corporation
4533 Van Nuys Boulevard, Second Floor
Sherman Oaks, CA 91403

Additional offices in Los Angeles, San Bernardino, San Diego, Riverside, and Ventura Counties:
Beverly Hills, Burbank, Century City, Glendale,
Lancaster, Long Beach, Los Angeles, Ontario,
Orange, Oxnard,Panorama City, Pasadena,
San Diego, Santa Fe Springs, Sherman Oaks,
Torrance, Van Nuys, and Whittier.

 
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