Stop talking about it
Not to the police, not to the alleged victim, not on the phone from jail, not on social media. Intent is proven from statements more than from anything else.
Criminal defense
Long Beach Burglary Defense Lawyer
Burglary in California is about what you intended when you walked in, not whether you broke anything or took anything. That is why the charge is filed so often, and why it is so often filed too high. The consultation is free.
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The charge
What Penal Code 459 actually requires
Penal Code 459 defines burglary as entering a house, room, apartment, shop, warehouse, vehicle when its doors are locked, or any other listed structure with the intent to commit theft or any felony inside. Two things surprise people. There is no breaking-in requirement; walking through an open door counts. And nothing has to be taken; the crime is complete on entry with the intent, so an empty-handed arrest in a doorway can still be a burglary charge.
Intent at the moment of entry is the whole case. Someone who formed the intent to steal only after entering did not commit burglary by that entry alone; a later entry into a room or another qualifying space requires its own analysis. Someone who entered intending to commit theft and changed their mind did. Prosecutors prove intent from circumstances: the time, tools, statements, prior visits, and what was done inside. Each of those is a place the story can be contested.
Sources: Penal Code 459.5; Penal Code 465.
The degrees
First degree, second degree, and the strike
Penal Code 460 makes burglary of an inhabited dwelling, a house, apartment, or any place someone lives even if they are not home, first degree. Everything else, a store, a business, an office, a locked car, a garage detached from a home, is second degree.
The difference is enormous. Under Penal Code 461, first degree burglary is a felony punishable by two, four, or six years in state prison. It is listed as a serious felony under Penal Code 1192.7, which makes it a strike under the Three Strikes law, and if anyone other than an accomplice was in the home at the time it is also a violent felony under Penal Code 667.5, with the limits on credits that come with that. Second degree burglary is a wobbler: it can be charged as a misdemeanor, with up to a year in county jail, or as a felony under Penal Code 1170(h).
Shoplifting
When a “commercial burglary” is really shoplifting
Entering a store during business hours intending to take $950 or less is shoplifting under Penal Code 459.5, generally a misdemeanor subject to prior-conviction exceptions, and the statute says that conduct cannot be charged as burglary. Since Proposition 47 that has moved most retail cases out of the burglary statute, and one of the first questions in a second degree case is whether it belongs there at all. Proposition 36, in effect since December 2024, added Penal Code 666.1, which lets prosecutors seek felony treatment for a third theft or shoplifting conviction, so prior record matters more than it did.
Related charges
What gets filed alongside burglary
- Grand theft or petty theft for what was taken, in addition to the entry
- Receiving stolen property under Penal Code 496, often charged when the prosecution can prove possession but not entry
- Possession of burglary tools under Penal Code 466, a misdemeanor that is frequently the only charge that survives
- Vandalism for a damaged door, window, or lock
- Vehicle burglary under Penal Code 459 generally requires locked doors. Penal Code 465 separately covers forcible vehicle entry with theft or felony intent without requiring proof the doors were locked; theft charges may also apply
- Conspiracy or aiding and abetting when more than one person is involved
The defense
How burglary cases are defended
Identity is the first battleground in residential cases: fingerprints, DNA, doorbell and security video, phone location data, and eyewitness identifications made under stress are each subject to challenge. Intent is the second: a lawful reason to be there, an invitation, a belief the property was yours or that you had permission, or an entry with no plan to steal defeats the charge or reduces it. Whether the structure was “inhabited” is the third, and it moves a case from a strike to a wobbler. Finally, much of the evidence in these cases comes from searches of people, cars, and phones, and a search that violated the Fourth Amendment takes its fruits out of the case under Penal Code 1538.5.
Where the evidence is strong, the work shifts to the charge and the sentence: second degree instead of first, a misdemeanor instead of a felony, theft instead of burglary, probation instead of custody, and a record that can later be cleaned up.
Consequences
Beyond the sentence
A first degree burglary conviction is a strike for life, and any felony conviction brings a prohibition on owning firearms. For a non-citizen, burglary and theft convictions carry serious immigration consequences and should never be resolved without immigration advice. A theft-related conviction of any degree is a crime of dishonesty that employers, landlords, and licensing boards weigh heavily. Many misdemeanor and probation-eligible felony convictions can later be dismissed under Penal Code 1203.4, and a case that ends without a conviction can be sealed, but the disposition itself decides what is possible later.
The first days
What to do before your arraignment
Do not consent to searches
Of your phone, your car, or your home. Ask for a warrant and say nothing else.
Write down your version once, for your lawyer
Where you were, who can confirm it, and why you were where the police say you were. Then stop writing.
Prepare for arraignment
In Long Beach the first appearance sets bail, the protective order if any, and the tone of the case. Have counsel before it.
The office
How the Law Offices of Patrick S. Aguirre defends burglary cases
The office has defended people accused of crimes in Long Beach and across Los Angeles County for nearly three decades. The firm now has offices in Long Beach and Downey. Burglary cases are taken apart element by element: the entry, the intent, the structure, the identification, and the search that produced the evidence. Where the case can be beaten, the office fights it. Where it cannot, the object is the lowest charge and the least custody the facts allow, with an eye on the strike, the firearm ban, and the immigration and employment consequences that outlast any sentence.
The office speaks Spanish and works with the families who usually make the first call.
Frequently asked questions
Common questions
I did not take anything. How can it be burglary?
Because burglary is complete on entry with the intent to steal or commit a felony. Nothing has to be taken. The prosecution still has to prove what you intended at the moment you entered, and that is where the case is fought.
Nobody was home. Is it still first degree?
Yes, if the place was inhabited, meaning someone lives there, even if they were away. It becomes a violent felony as well only if someone other than an accomplice was actually present.
Can a burglary charge be reduced to a misdemeanor?
Second degree burglary is a wobbler and can be charged or reduced to a misdemeanor. Entry into an open commercial establishment during regular business hours with intent to steal $950 or less generally falls under shoplifting. Specified prior convictions and Penal Code 666.1 can allow felony punishment. First degree burglary cannot be a misdemeanor, so the fight in a residential case is over the degree and the facts.
Is burglary a strike in California?
First degree burglary is a serious felony and therefore a strike. Second degree burglary is not a strike by itself. A first degree conviction with a person present is also a violent felony, which affects custody credits and future sentencing.
Selected case results
Criminal defense results
A selection from 55 documented results
Criminal defense
Robbery and firearm charges
Norwalk Superior Court
Not-guilty verdict
Criminal defense
Serious felony charges
Riverside Superior Court
Not guilty on all charges after three years in custody
Criminal defense
Domestic violence charge
Westminster Superior Court
Charge dismissed at trial
Client experiences
What clients say
★★★★★
“12 counts 2 felony charges DISMISSED … he got him out of jail FAST.”
★★★★★
“I just walked out of court a free man after getting my case dismissed.”
“From the beginning to the end, Patrick and his professional office staff kept us informed on any updates, concluding the case with a dismissal!”
“Best defense attorney in town. … He cares about his clients and takes every case seriously. The staff is friendly and caring.”
Meet your attorney
Law Offices of Patrick S. Aguirre
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
Free consultation
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Callback request
Talk with our office
Leave your contact information and, if helpful, a short general summary. The office will follow up.
Thank you.
The office received your contact request. If your matter is urgent, call 562-904-4337.