Los Angeles Burglary Defense: Understanding California PC § 459 Charges

Facing burglary charges in Los Angeles can have severe consequences, including jail or prison time, fines, and a criminal record that impacts your employment and personal life. Under California Penal Code § 459, burglary involves entering a building or structure with the intent to commit theft or a felony. At Rogers | Beltran LLP, our experienced Los Angeles burglary defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain the types of burglary charges, what the prosecution must prove, common defenses, potential penalties, and critical information to help you navigate these serious charges.

Types of Burglary Charges in California

Burglary in California is categorized based on the type of structure entered and the nature of the crime intended. Charges vary in severity and include:

1. First-Degree Burglary (PC § 459)

  • Description: Involves entering an inhabited dwelling (e.g., a home, apartment, or houseboat) with the intent to commit theft or a felony.
  • Key Factors: Always a felony; considered “residential burglary” and carries harsher penalties due to the risk to occupants.

2. Second-Degree Burglary (PC § 459)

  • Description: Involves entering a non-residential structure (e.g., a store, warehouse, or vehicle) with the intent to commit theft or a felony.
  • Key Factors: A “wobbler” offense, charged as a misdemeanor or felony based on the circumstances, property value, or criminal history.

3. Shoplifting as Burglary (PC § 459.5)

  • Description: A specific form of second-degree burglary involving entering a commercial establishment during business hours to steal property valued at $950 or less.
  • Key Factors: Typically a misdemeanor under Proposition 47 (2014), unless the defendant has certain prior convictions.

4. Burglary with Aggravating Factors

  • Description: Enhancements apply for factors like using a deadly weapon, causing injury, targeting vulnerable victims (e.g., elderly), or having prior burglary convictions.
  • Key Factors: Increases penalties, often leading to felony charges or additional prison time.

5. Related Charges

  • Description: Burglary may be charged alongside related offenses, such as:
    • PC § 496 (receiving stolen property).
    • PC § 484 (petty or grand theft).
    • PC § 245 (assault with a deadly weapon, if violence occurs).
  • Key Factors: Multiple charges can compound penalties and complicate defense strategies.

What the District Attorney Must Prove in a Burglary Case

To secure a conviction under PC § 459, the Los Angeles DA must prove the following elements beyond a reasonable doubt:

  1. Entry: You entered a building, structure, or locked vehicle, even partially (e.g., reaching through a window).
  2. Intent to Commit a Crime: You intended to commit theft or a felony at the time of entry. The crime does not need to be completed, only intended.
  3. Type of Structure:
    • For first-degree burglary, the structure must be an inhabited dwelling.
    • For second-degree burglary, any other structure or vehicle qualifies.
  4. No Consent: You did not have permission to enter the property for the purpose of committing the crime.

The DA relies on evidence such as surveillance footage, witness statements, stolen property, fingerprints, or your actions after entry. An experienced Los Angeles burglary attorney can challenge this evidence to weaken the prosecution’s case.

Common Defenses to Burglary Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight PC § 459 charges. Common defenses include:

  1. Lack of Intent:
    • If you did not intend to commit theft or a felony when entering, you cannot be guilty of burglary.
    • Example: You entered a store to browse, not to steal, and took an item impulsively.
  2. Consent to Enter:
    • If you had permission to enter the property, you may not be guilty of burglary.
    • Example: You were invited into a home by the resident, negating unlawful entry.
  3. False Accusations:
    • Charges may stem from misunderstandings or false claims, such as disputes with property owners or cohabitants.
    • Example: A roommate falsely accused you of entering their room to steal.
  4. Insufficient Evidence:
    • The prosecution may lack evidence to prove entry or intent.
    • Example: No fingerprints or video place you at the scene.
  5. Mistaken Identity:
    • If you were not the person who entered the property, you cannot be held liable.
    • Example: Another individual with a similar appearance committed the burglary.
  6. Property Value Dispute (for Shoplifting):
    • If the stolen property is valued at $950 or less, felony charges may be reduced to misdemeanor shoplifting.
    • Example: The prosecution overestimates the value of stolen goods.

At Rogers | Beltran LLP, our Los Angeles burglary defense lawyers will thoroughly investigate your case to identify the most effective defense strategy for your situation.

Potential Penalties for Burglary Convictions in California

Penalties for burglary convictions depend on the charge, degree, and your criminal history. As of July 2025, potential consequences include:

First-Degree Burglary (PC § 459)

  • Prison Time: 2, 4, or 7 years in state prison.
  • Fines: Up to $10,000 (plus court fees).
  • Probation: Formal probation with conditions like restitution or community service.
  • Felony Record: Impacts employment, housing, and professional licenses.
  • Strike Offense: Counts as a “strike” under California’s Three Strikes Law.

Second-Degree Burglary (PC § 459)

  • Misdemeanor:
    • Jail Time: Up to 1 year in county jail.
    • Fines: Up to $1,000 (plus fees).
    • Probation: Up to 3 years of informal probation.
  • Felony:
    • Prison Time: 16 months, 2, or 3 years in state prison.
    • Fines: Up to $10,000.
    • Felony Record: Impacts employment and housing.

Shoplifting (PC § 459.5)

  • Jail Time: Up to 7 months in county jail.
  • Fines: Up to $1,000.
  • Probation: Up to 3 years, often with restitution or community service.

Additional Consequences

  • Restitution: Payment to victims for stolen or damaged property.
  • Immigration Consequences: Non-citizens may face deportation or visa issues.
  • Professional License Impacts: Affects licenses for professions like real estate, law, or healthcare.
  • Civil Lawsuits: Victims may sue for damages, increasing financial liability.

What Else Should You Know About Burglary Charges in Los Angeles?

Burglary charges under PC § 459 can significantly impact your life, especially in Los Angeles’s strict enforcement environment. Here are additional details to understand:

The Burglary Charge Process in Los Angeles

  1. Investigation: Police investigate based on victim reports, surveillance footage, fingerprints, or recovered stolen goods. Arrests may occur on the scene or after an investigation.
  2. Arrest and Booking: You may be booked and released on bail or your own recognizance.
  3. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges (e.g., from first-degree to second-degree burglary) or result in diversion.
  4. Diversion Programs: For misdemeanor second-degree burglary or shoplifting, programs like judicial diversion (PC § 1001.95) may dismiss charges upon completion of community service or restitution.

Why You Need a Los Angeles Burglary Attorney

Navigating PC § 459 charges requires legal expertise due to complex evidence and sentencing options. An experienced attorney can:

  • Challenge the prosecution’s evidence, such as proof of intent, to seek dismissal or reduction of charges.
  • Negotiate plea deals or diversion to avoid convictions.
  • Represent you in court to protect your rights and future.
  • Mitigate impacts on your employment or immigration status.

At Rogers | Beltran LLP, our Los Angeles burglary defense attorneys have a proven track record of helping clients mitigate the consequences of these charges.

How to Protect Yourself After a Burglary Charge

  1. Do Not Admit Guilt: Avoid discussing the case with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep receipts, communications, or witness information that support your defense (e.g., proof you had permission to enter).
  3. Hire an Attorney Immediately: Early intervention can lead to dismissed charges or diversion programs.
  4. Comply with Court Orders: Follow bail or pre-trial conditions to avoid additional penalties.

Los Angeles-Specific Considerations

  • Urban Environment: Los Angeles’s dense residential and commercial areas (e.g., downtown, Hollywood) increase burglary investigations, but crowded settings can provide defense opportunities (e.g., mistaken identity).
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Compton Courthouse, each with unique procedures.
  • Police Enforcement: LAPD uses advanced tools like surveillance and sting operations, which can be challenged for procedural errors.

Contact Rogers | Beltran LLP for Experienced Burglary Defense in Los Angeles

A California burglary charge under PC § 459 doesn’t have to define your future. At Rogers | Beltran LLP, our dedicated Los Angeles burglary attorneys are committed to protecting your rights and fighting for the best possible outcome. Whether you’re facing first-degree burglary, second-degree burglary, or shoplifting charges, we have the expertise to build a strong defense.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.