Tag Archives: burglary

Possession of Burglary Tools (Penal Code section 466)

Even if you don’t actually commit a burglary by entering a structure (see this post for more information about burglary), California still outlaws the possession of certain items.  Under Penal Code section 466, it is illegal to possess any of the following items (Definitions: of what these items are below): picklock crow keybit crowbar screwdriver […]

How can they prove burglary (instead of just theft)?

What’s the difference between simple theft and burglary? One word:  intent. Burglary (Penal Code 459) is entering a structure with the intent to steal or commit a felony inside. They must prove that you entered a structure (residence, building, business, etc) and at the time you entered, you had the intent to steal or commit […]

Commercial Burglary (459) and shoplifting – Who can be charged?

I was asked a question the other day about what could happen to their son if he got wrapped up in his friends’ “beer run” shoplifting case and they now are facing burglary charges.  What happens to a guy who is waiting in the car when his buddies come running out, shouting “go, go, go!” […]

Residential Burglary (Penal Code section 459) – Orange County

There are two degrees of burglary in California – first degree for residential burglary and second degree for all others. Residential burglary, sometimes commonly referred to as “breaking and entering,” is the unauthorized entry into a residence (which can include things like motel rooms, apartments and condominiums as well as single family houses) with the […]