Burglary Defense

California Penal Code § 459 defines burglary as entering a building, room, or vehicle with the intent to commit theft or any felony. First-degree burglary (inhabited dwelling) is a serious felony “strike” offense.

Penalties

First-degree burglary: 2–6 years in state prison. Second-degree: up to 3 years. Both carry strike consequences under California’s Three Strikes law and can affect housing, employment, and future cases.

Common Defenses We Use

• No intent to commit a crime inside
• Consent to enter the premises
• Mistaken identity or false accusation
• Insufficient evidence of entry