California has different laws for vehicle burglary, unauthorized entry or trespass, building and residential burglary. Generally speaking, burglary is committed when a person enters into any building, room, store, vehicle, shipping container, or mine without permission and with the intent to commit theft or a felony. Home invasion burglaries are punished more severely as first degree burglary. Second degree burglary during a state of emergency is considered looting.

The court has to prove that the defendant intended to commit theft or some other crime. In most cases, the defendant’s intention can be established by the circumstances surrounding the burglary. The crime of burglary occurs as soon as the defendant enters into the building or vehicle with the illicit intent, even if the theft or crime never occurs. Keep in mind, an inhabited building or vehicle does not need to be a person’s primary or regular resident. Vacation homes, apartments, houseboats and RV’s are all considered “inhabited” buildings under California law.

It is a crime to possess lock picks, crowbars, screwdrivers, master keys, spark plug pieces, or any other tool or instrument with the intent to break into a building or vehicle. It is also a crime in California to copy a key without permission. A person’s possession of burglary tools or connection to burglary tools found at a crime scene may also be considered evidence that the person committed burglary. The punishment for the different types of burglary can be pretty severe so make sure to consult with an attorney who can help you.

Burglary with explosives is punishable by three, five or seven years in person. Burglary in the first degree is punishable by two, four or six years in prison. Other burglaries, including looting, are punishable by up to one year in county jail, although prison sentences can be imposed for defendants who have prior criminal convictions. In most looting cases, the defendant must spend at least 180 days in jail.

There’s no substitute for a strong criminal attorney,
call Wing & Parisi at (916) 441-4888.

Contact us online or call at (916) 441-4888 for a free and confidential initial consultation, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.

Linda Parisi
Law Office of Wing & Parisi
917 G Street
Sacramento,CA,95814, USA
(916) 441-4888

The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout Placer County and San Joaquin County. Hablamos espanol.