You may be committing burglary in certain circumstances if there is an intent to occupy the house.
Under California law, burglary is defined as entering any residential or commercial building with an intent to commit a felony or theft once inside. Even if the actual felony or theft isn’t committed once a defendant is inside of the structure, burglary has been completed if the person has the intent to commit the crime when he or she enters the building.
First degree burglary occurs whenever a person breaks into a residence, and it is a felony. First degree burglary is punishable by a state prison sentence of between two and six years in California state prison. Second degree burglary is a burglary of any other type of structure, such as a store or business. It is a wobbler crime, which means that it could be charged as either a felony or misdemeanor, depending on the facts of the case. If it is charged as a felony, then it could result in a term of imprisonment in the county jail of sixteen months to three years. If it is charged as a misdemeanor, it could result in a term of imprisonment of up to one year in county jail.
So if burglary occurs when someone breaks into a residence, can a burglary be charged if a person breaks into a vacant home? The answer seems obvious – a burglary cannot be charged if nobody actually lives there. Yet depending on the facts of the case, a person can be charged with burglary even if nobody is currently living at a home. As seasoned criminal defense lawyers in Riverside, CA, we have seen situations where people have been charged with burglaries even if a building was not occupied.
For example, consider a situation where a home is being remodeled. Nobody is living at the house, but workers are storing their tools there, and are regularly at the residence to work on it. If a person comes to this house with the intent to steal something from it – perhaps the tools, copper piping from inside of the house, or anything else – then it would likely qualify as a burglary. Why? Because the house was intended to be lived in, and the workmen were potentially “occupying” the house at the time that it was burgled – making it a case where a vacant house is capable of being burglarized.
However, if a house was truly vacant, the situation might be different. If the house was completely empty, and had been abandoned when the same person entered it, hoping to find something to steal, then it would likely be harder to file burglary charges against that person. After all, if there was no occupant and no intent to occupy the home, then it is unlikely that a prosecutor could make the case that this was a burglary. That does not mean that there couldn’t be other charges – but simply that it may not be a burglary in this situation.
There are many potential defenses to a burglary charge. An experienced criminal defense lawyer in Riverside, CA can argue that you did not have the intent to commit a crime when you entered the property, for example, or that you had a legitimate claim to the property that you took.
If you have been charged with burglary or another property crime, you will need a skilled criminal defense lawyer in Riverside, CA. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will aggressively defend you against all charges!
