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PC 459 First Degree Residential Burglary Charges


If so, I can help you fight these charges. I have over 20 years of experience exclusively in Criminal Defense and I know how to defend those accused of committing PC 459 Residential First Degree, also known as first degree residential burglary.
What does the district attorney have to prove for PC 459 Residential First Degree:
  • That YOU entered an inhabited dwelling or building;
  • YOU entered with the specific intent to steal and take property away belonging to another, and to deprive the owner permanently of that property.
  • YOU entered with the specific intent to commit the crime of burglary.
This allegation could be charged as a Misdemeanor (from Probation including up to 1 year in county jail) OR as a Felony (from Probation up to 2 years/4 years/6 years State Prison). As a Felony this is a "Strike" offense (Serious) under the Three-Strikes Law. PC 1192.7(c)(18);

California Penal Code section 459 states:

Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, “inhabited” means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.

California Penal Code section 460 states:

(a) Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree.
(b) All other kinds of burglary are of the second degree.
(c) This section shall not be construed to supersede or affect Section 464 of the Penal Code.
(Amended by Stats. 1991, Ch. 942, Sec. 15.)


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