What Is the Difference Between “Breaking and Entering” and Trespassing?
In California, no law directly criminalizes breaking and entering. Instead, there are two possible crimes for unlawfully entering a building: burglary and trespass. The differences between the two have severe impacts on the associated punishments—the range of sentences between misdemeanor trespass and felony burglary run from six months to six years. You should understand what constitutes criminal trespass or burglary to avoid violating the law.
Trespass Requires Willful Action
A California prosecutor trying to convict you of the crime of trespass must prove that you entered or remained on the property of another person without the property owner’s or another responsible party’s permission.
Note that trespass can occur on someone else’s property. It does not require you to enter into any structure, building, or dwelling. Instead, you can be guilty of the crime of trespass for simply being on someone else’s land without authorization.
It is also important to remember that you can trespass by remaining somewhere, not actively entering. For example, if a property owner asks you to leave their house and you hide in their basement, you are committing trespass. Even though you were initially invited, your permission either expired or was revoked by the property owner.
However, a prosecutor must show that your trespass was willful. In California, willful actions are done either on purpose or deliberately. If someone asks you to leave their property and you drive away, it would not be a trespass if you pull to the side of the road thinking you are no longer on their land. Mistakenly being on someone else’s property is not a crime.
Burglary Is More Like Breaking and Entering than Trespass
A burglary conviction requires a prosecutor proving that you entered into a residential or commercial building with the intent to commit a felony or theft in the building.
If you have criminal intent at the time you enter the building, it does not matter if you do not complete the crime. For example, if you break into a bank to rob its vault but are stopped by security guards, you have committed burglary. Additionally, you do not have to intend to steal from someone for it to be burglary. If you enter your neighbor’s house hoping to hit them with a baseball bat, you have still committed burglary.
Though burglary is more similar to breaking and entering than trespass, it does not require any breaking. If your neighbor left their front door wide open, it is burglary to walk through the door hoping to smash them with your bat.
The Punishments for Trespass and Burglary
Almost all trespass cases in California are misdemeanors. The maximum punishment available for this crime includes six months in county jail and a $1,000 fine.
Unlike trespass, burglary can be charged as either a misdemeanor or a felony. First-degree burglary is always a felony with a maximum sentence of six years in state prison. Any burglary of a residential building is considered first-degree in California.
Second-degree burglary involves commercial buildings or structures. These crimes can be charged as felonies with an accompanying three-year maximum prison sentence. However, even misdemeanor second-degree burglary charges can lead to one year in county jail.
If you have been arrested for a breaking and entering crime in Westminster, California, the skilled criminal defense attorneys at Chambers Law Firm can help. Reach out to us at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a qualified member of our legal team.
