Answers from a Los Angeles Residential Burglary Defense Attorney
California Penal Code section 459 defines Residential Burglary. Residential Burglary is defined as entering an inhabited dwelling with the intent to commit a theft.
Residential Burglary (PC 459) is a very serious charge in California. A Residential Burglary conviction carries with it a Strike under California’s Three Strikes Law. If you or someone you love has been arrested for Residential Burglary, you need to act. Speak with an experienced criminal defense attorney to fight these charges.
What does the prosecution have to prove to convict someone of assault with a deadly weapon?
What does the prosecution have to prove to convict someone of Residential Burglary?
To convict someone of Residential Burglary, the prosecution must establish all the following elements:
- The accused person entered an inhabited dwelling
- When the accused entered, they intended to commit a theft
What is an "Inhabited Dwelling" for the purposes of PC 459?
Under California law, an inhabited dwelling includes anyplace that someone lives (even if they were not home at the time). Types of places that can be dwellings include, but are not limited to houses, rooms, apartments, warehouses, barns, tents, vessels, and campers.
If No One was Home, Does It Still Count as "Inhabited"?
Yes. If someone lives in the dwelling, it counts as inhabited. This applies even if no one was home at the time.
Penalties and Sentencing for Residential Burglary Charges
Residential Burglary is a “strike” offense under California’s Three Strikes Law.
If convicted of Residential Burglary, the accused faces:
- Up to 6 years in prison
- Victim restitution costs, where applicable
- A strike under California’s Three Strikes Law
- Fines of up to $10,000
Can I get Probation for Residential Burglary in Los Angeles?
Yes. Burglary is a strike offense and is punishable by prison time. However, a skilled Los Angeles Residential Burglary defense attorney may be able to get someone accused of Residential Burglary probation.
If you need help with a Residential Burglary charge, you can call us anytime for a free consultation: (213) 377-6102
Help from a Los Angeles Residential Burglary Defense Attorney
If you or a loved one have been accused of Residential Burglary, we can help. Call us at (213) 377-6102 for a free consultation with an attorney about your case.
