Charged with First-Degree Burglary in California? What to Know About Penal Code 459

If you’ve been arrested for first-degree burglary under California Penal Code § 459, you’re facing one of the most serious property crimes in the state. Unlike second-degree burglary, first-degree burglary is always charged as a felony and counts as a strike under California’s Three Strikes Law.

A conviction can lead to years in state prison and create a permanent criminal record that follows you long after you’ve served your sentence. Before making any statements to law enforcement or important decisions about your case, you need to understand the specific charges against you, the potential consequences, and what defenses might be available.

What is First-Degree Burglary Under PC § 459?

First-degree burglary in California is defined as entering an inhabited dwelling house or other residential structure with the intent to commit theft or any felony crime. According to Penal Code § 460(a), first-degree burglary specifically involves:

• An inhabited dwelling house
• A vessel defined by the Harbors and Navigation Code that is inhabited and designed for habitation
• A floating home as defined by the Health and Safety Code
• A trailer coach as defined by the Vehicle Code
• The inhabited portion of any other building

The key elements prosecutors must prove beyond a reasonable doubt are:

1. You entered a residential structure
2. The structure was inhabited at the time (meaning someone was using it as a dwelling, even if no one was physically present)
3. When you entered, you had the specific intent to commit theft or a felony once inside

It’s important to understand that the crime is complete the moment you enter with the required criminal intent. You don’t actually need to steal anything or commit the intended felony to be guilty of burglary.

How “Entry” and “Inhabited” Are Defined

California courts have interpreted “entry” broadly. Any partial entry, even just reaching your arm through a window or doorway, constitutes entry under the law. Additionally, force or breaking is not required—walking through an unlocked door is still considered entry.

“Inhabited” means the structure is currently being used as a dwelling, regardless of whether someone is physically present at the time of the burglary. Courts have ruled that a residence remains inhabited even when residents are temporarily away on vacation. Even a temporarily vacant apartment where someone intends to continue living qualifies as inhabited.

First-Degree vs. Second-Degree Burglary

The main difference between first-degree and second-degree burglary in California is the type of structure involved:

• First-degree burglary involves residential structures where people live
• Second-degree burglary involves commercial buildings, businesses, or other non-residential structures

This distinction is crucial because first-degree burglary is always charged as a felony and carries much harsher penalties, while second-degree burglary can be charged as either a misdemeanor or a felony.

Penalties for First-Degree Burglary in California

First-degree burglary is always a felony in California and carries severe penalties under Penal Code § 461:

• Prison Sentence: Two, four, or six years in California state prison
• Fine: Up to $10,000
• Strike: Counts as a strike under California’s Three Strikes Law
• Formal Probation: May be granted in lieu of prison in some cases, but typically includes jail time as a condition
• Restitution: Payment to victims for any losses they suffered
• Protective Order: Preventing you from contacting the victim

Aggravating Factors That Increase Penalties

Certain circumstances can lead to enhanced penalties for first-degree burglary:

• Person Present: If someone was present in the residence during the burglary, you face additional penalties under PC § 667.5(c)(21) as a violent felony
• Armed with a Weapon: Carrying a weapon during the burglary can add significant time to your sentence
• Causing Injury: Injuring someone during a burglary can result in additional charges and penalties
• Prior Convictions: Previous burglary or serious felony convictions dramatically increase sentencing under the Three Strikes Law

The Serious Impact of a “Strike” Conviction

First-degree burglary is classified as a serious felony under PC § 1192.7(c) and counts as a strike under California’s Three Strikes Law. This has far-reaching consequences:

• Second Strike: If you’re convicted of another serious or violent felony after a first-degree burglary conviction, your sentence will be doubled
• Third Strike: A third serious felony conviction can result in 25 years to life in state prison
• Limited Credits: Strike offenders receive limited conduct credits while in prison, meaning you’ll serve more of your sentence
• Probation Restrictions: Having a strike makes you ineligible for probation in many circumstances

Legal Defenses to First-Degree Burglary Charges

With so much at stake, developing a strong legal defense is essential. Depending on your case, these defenses may be effective:

Lack of Intent

To be guilty of burglary, you must have formed the intent to commit theft or a felony before entering the structure. If you entered with lawful intent and only later decided to commit a crime, you’re not guilty of burglary (though you may be guilty of other crimes like theft).

Mistake of Fact

If you genuinely believed you had a right to enter the property or take the items in question, this could negate the required criminal intent. For example, if you mistakenly thought you were retrieving your own property or had permission to enter.

Mistaken Identification

Residential burglaries often occur when no one is home, making eyewitness identification unreliable. Your attorney can challenge identification evidence and present alibi evidence showing you were elsewhere when the crime occurred.

Illegal Search and Seizure

If police obtained evidence through an illegal search of your home, car, or person, your attorney can file a motion to suppress that evidence. When key evidence is excluded, prosecutors may be unable to prove their case.

Coerced Confession

If your confession was obtained through improper police interrogation tactics or without proper Miranda warnings, your attorney might be able to have those statements excluded from evidence.

Insufficient Evidence

The prosecution must prove every element of first-degree burglary beyond a reasonable doubt. Your attorney can challenge whether there’s sufficient evidence you actually entered the structure, whether it was truly “inhabited,” or whether you had the required intent at the time of entry.

The Court Process for First-Degree Burglary Cases

A first-degree burglary case typically progresses through these stages:

1. Arrest and Booking: Initial processing and detention following arrest
2. Arraignment: Formal reading of charges and entering of initial plea
3. Bail Hearing: Determination of whether bail will be set and in what amount
4. Preliminary Hearing: Where the prosecution must demonstrate sufficient evidence to proceed to trial
5. Pretrial Proceedings: Including discovery, motion filing, and plea negotiations
6. Trial: Presentation of evidence and arguments before a judge or jury
7. Sentencing: If convicted, the judge determines the appropriate sentence

Critical Facts About First-Degree Burglary Cases

These lesser-known aspects of first-degree burglary cases can significantly impact your defense:

• Burglary vs. Trespassing: If prosecutors can’t prove you intended to commit theft or a felony when you entered, the charge might be reduced to trespassing
• Residential Status Matters: Courts look at the intended use of the structure, not whether someone was physically present
• Grand Theft vs. Burglary: Even if you stole valuable items, if the intent wasn’t formed before entry, it’s not burglary
• Accomplice Liability: You can be charged with first-degree burglary even if you never entered the residence but helped plan or execute the crime
• Statute of Limitations: Prosecutors generally have three years from the date of the offense to file first-degree burglary charges

Why Experienced Legal Representation Is Crucial

First-degree burglary charges demand skilled legal representation because:

• The penalties are severe and include a strike conviction
• Technical legal elements can be challenged by a knowledgeable attorney
• Effective negotiation may result in reduced charges or alternative sentencing
• Constitutional violations during the investigation may provide grounds for dismissal

Having an attorney who understands the nuances of California burglary law, has experience challenging residential burglary evidence, and knows how to effectively negotiate with prosecutors can make a dramatic difference in the outcome of your case.

How The Nieves Law Firm Can Help

At The Nieves Law Firm, we provide aggressive and strategic defense for clients facing first-degree burglary charges. Our approach includes:

• Conducting a comprehensive investigation of the facts and evidence
• Utilizing our in-house private investigator to gather exculpatory evidence
• Identifying weaknesses in the prosecution’s case
• Filing strategic motions to suppress evidence or dismiss charges
• Negotiating with prosecutors for reduced charges when appropriate
• Preparing a compelling defense for trial when necessary

We understand what’s at stake with a first-degree burglary charge and work tirelessly to protect your rights, freedom, and future. Our attorneys have successfully defended many clients against serious burglary charges, securing favorable outcomes through both negotiation and trial.

Don’t face first-degree burglary charges alone. Contact The Nieves Law Firm today for a confidential consultation and let us put our experience to work for you.