In California, you can find yourself in serious legal trouble simply by entering a place without permission — especially if authorities believe you intended to commit a theft or another felony once inside.
Being somewhere you’re not allowed to be, and taking property that doesn’t belong to you, can quickly escalate into severe criminal charges. Burglary convictions can carry steep fines, prison sentences and can even result in “strikes” on your criminal record.
If you or someone you know has been accused of burglary, it’s important to speak with a skilled criminal defense attorney as soon as possible. Your attorney will review the specific facts of your case with you and will build a defense strategy to preserve your freedom.
What is burglary?
According to California Penal Code Section 459, burglary is defined as entering any structure, room, or locked vehicle with the intent to commit a felony or theft once inside.
Although people often use the terms “burglary” and “breaking and entering” interchangeably, under California law, burglary does not require actual breaking or forced entry.
Simply entering a property unlawfully — such as by opening an unlocked door or window — can be enough to trigger burglary charges if the intent to commit a crime is present.
When does entry occur?
In California, entry can be minimal. Even placing your hand or foot slightly across a threshold, or using an object to enter the space (such as reaching through a broken window with a tool) counts as entry. The moment entry happens with criminal intent, burglary has occurred, even if no theft or crime is ultimately committed.
Examples of burglary:
- Example 1 – Tom notices his neighbor accidentally left the garage door open. He quietly enters the garage and takes a toolbox. This is burglary, even though there was no forced entry.
- Example 2 – Tom waits until his neighbor goes on vacation, then breaks a window at night, climbs inside, and steals a TV. This clearly demonstrates burglary involving forced entry.
What is first-degree burglary (residential burglary)?
First-degree burglary specifically involves entering an inhabited dwelling, such as a house or apartment. This is considered especially serious because of the risk to residents. It doesn’t matter if occupants are home at the time of the burglary—the structure only needs to be regularly occupied.
Penalties for first-degree burglary in California are severe. It is considered a felony punishable by two, four, or six years in state prison.
Moreover, first-degree burglary is a “strike” offense under California’s Three Strikes Law. This means the convicted person must serve at least 85% of their prison sentence, regardless of good behavior, and future convictions could lead to enhanced sentences, up to life in prison.
What is second-degree burglary (commercial burglary)?
Second-degree burglary involves entry into commercial properties, stores, businesses, warehouses, or uninhabited structures. Unlike residential burglary, prosecutors may charge this as either a misdemeanor or felony, depending on the circumstances and criminal history.
Misdemeanor second-degree burglary can result in up to one year in county jail and fines up to $1,000. Felony second-degree burglary carries potential penalties of 16 months, two years, or three years in county jail.
Is ‘breaking and entering’ a crime in California?
California does not have a separate crime specifically called “breaking and entering.”
Instead, the act of breaking into a structure is included within burglary statutes. Even if someone enters through an unlocked door, California law still considers it burglary as long as the intent to commit a theft or felony is present.
The term “breaking and entering” often refers to situations where force was used, but legally it falls under the definition of burglary.
Common defenses against burglary charges
Ventura lawyer Robert M. Helfend has successfully defended burglary charges using strategies including:
- Lack of criminal intent – Proving the accused had no intent to commit a felony or theft at the time of entry significantly weakens burglary allegations.
- Mistake of fact – If a person reasonably believed they had the right to enter the property — such as entering the wrong home by mistake — they may avoid criminal liability.
- False accusations – Witnesses or victims sometimes misidentify suspects, especially if the event happened quickly or at night. Identifying inconsistencies or errors in witness statements can weaken the prosecution’s case.
- Claim of right – The defendant may genuinely believe they had permission or legal right to enter the property. Providing evidence of previous authorization or reasonable belief can be a strong defense.
- Duress or coercion – If someone forced you into committing burglary through threats of harm, it could serve as a viable defense.
Contact Ventura lawyer Robert M. Helfend today
Because burglary carries severe penalties, working with an experienced criminal defense lawyer is critical. A conviction can permanently alter your life by limiting employment opportunities, housing, and educational options.
Ventura lawyer Robert M. Helfend has defended thousands of clients against criminal charges since 1984, consistently achieving favorable outcomes. Recognized by Lead Counsel, Super Lawyers, and the National Trial Lawyers Top 100, Robert M. Helfend knows how to protect your rights and your future.
Call 805-273-5611 for a confidential and free case evaluation.
Published February 20, 2018. Updated March 10, 2025.