Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Burglary

Burglary is one of the most serious property crimes under California law. Defined under Penal Code §459, burglary involves entering a structure, vehicle, or property with the intent to commit theft or any felony once inside.

Contrary to popular belief, burglary does not require “breaking in” or forced entry; even entering through an open door or window with criminal intent can lead to a felony charge. Depending on the circumstances, burglary can be prosecuted as either first-degree (residential) or second-degree (commercial) burglary, each carrying significant prison time and lasting consequences.

Because burglary charges rely heavily on intent, what prosecutors believe you planned to do rather than what actually occurred, it’s essential to have an experienced criminal defense attorney who can challenge the prosecution’s narrative and protect your rights.

San Diego Burglary Defense Attorney

Attorney Michael Cindrich is an experienced California criminal defense lawyer who has successfully represented clients charged with burglary and related theft offenses throughout San Diego County.

Burglary cases often involve complex evidence, such as surveillance footage, witness statements, digital records, and circumstantial inferences about intent. Attorney Cindrich investigates every detail, challenges weak or speculative evidence, and fights to reduce or dismiss charges whenever possible.

The Law Offices of Michael E. Cindrich serve clients across San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.
Call (619) 262-2500 for a free, confidential consultation.

Overview of Burglary Charges in San Diego

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Definition of Burglary (Penal Code §459)

Under California Penal Code §459, burglary occurs when a person:

“Enters any house, room, apartment, store, warehouse, vehicle, or other structure with the intent to commit grand theft, petty theft, or any felony.”

The prosecution must prove entry and criminal intent. The intended crime can be theft, assault, vandalism, or any other felony, not just stealing property.

Importantly, you can be charged with burglary even if you never actually stole anything, as long as the prosecution believes you intended to commit a crime when entering the property.

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Degrees of Burglary and Penalties in California

First-Degree (Residential) Burglary, Penal Code §460(a)

Residential burglary occurs when a person unlawfully enters an inhabited dwelling, such as a home, apartment, or occupied structure.

  • Always charged as a felony.
  • Considered a violent felony and a “strike” offense under California’s Three Strikes Law.
  • Applies even if the residents are not present at the time of entry.

Penalties for First-Degree Burglary:

  • 2, 4, or 6 years in California state prison
  • Up to $10,000 in fines
  • Formal probation possible in limited cases
  • Strike offense classification under Penal Code §1192.7
  • Possible restitution for property damage or losses

Second-Degree (Commercial) Burglary, Penal Code §460(b)

Second-degree burglary applies to structures other than residences, such as businesses, storage units, or vehicles, when entered with criminal intent.

Penalties for Second-Degree Burglary:

  • Classified as a “wobbler”, it can be charged as a misdemeanor or felony.
  • Misdemeanor: Up to 1 year in county jail, fines up to $1,000, and probation.
  • Felony: 16 months, 2 years, or 3 years in county jail and fines up to $10,000.

Factors such as time of day, type of property, and prior criminal history influence how prosecutors file charges.

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Related Offenses

  • Auto Burglary (Vehicle Burglary) – Penal Code §459: Entering a locked vehicle with intent to commit theft or another felony.
  • Possession of Burglary Tools – Penal Code §466: Possessing items such as crowbars, lock picks, or screwdrivers with intent to break into property.
  • Robbery – Penal Code §211: Involves taking property directly from a person using force or fear — unlike burglary, which does not require confrontation.
  • Trespassing – Penal Code §602: Entering property without permission, but without intent to commit a crime — a lesser, often negotiable offense.

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Key Elements a Jury Considers in Burglary Cases

To convict a defendant of burglary, prosecutors must prove each of the following beyond a reasonable doubt:

  • Entry: The defendant entered a building, room, vehicle, or other structure.
  • Intent: The defendant intended to commit theft or a felony at the time of entry.
  • Structure Type: Whether the location qualifies as a dwelling (for first-degree) or another structure (for second-degree).
  • Timing and Circumstances: Evidence of tools, possession of stolen goods, or behavior suggesting premeditation.
  • Corroboration: The prosecution must show more than mere presence at the scene, they must prove criminal intent at the moment of entry.

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Defenses to Burglary Charges

Every burglary case is unique. Common legal defenses include:

  • Lack of Intent: The defendant entered the property without intent to commit theft or any felony.
  • Consent: The property owner or occupant granted permission to enter.
  • Mistaken Identity: The accused was misidentified by witnesses or video evidence.
  • False Accusations: A dispute, misunderstanding, or bias led to a wrongful accusation.
  • Insufficient Evidence: The prosecution cannot prove all required elements beyond a reasonable doubt.
  • Intoxication or Impairment: The defendant lacked the specific intent necessary for burglary.
  • Entry Without a Crime: The defendant entered lawfully or with innocent intent (e.g., retrieving personal property).

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Role of a San Diego Burglary Defense Attorney

  • Case Review and Evidence Analysis – The attorney examines police reports, surveillance footage, and witness statements to challenge the prosecution’s theory of intent.
  • Negotiation with Prosecutors – Many burglary cases can be reduced to trespassing or receiving stolen property, significantly lowering penalties and avoiding a felony conviction.
  • Motion Practice and Pretrial Strategy – The attorney can file motions to suppress illegally obtained evidence or to dismiss charges based on lack of probable cause.
  • Trial Preparation and Defense – Building reasonable doubt about the defendant’s intent, presence, or participation is critical to success at trial.
  • Record Protection – After case resolution, the attorney may pursue under Penal Code §1203.4 to protect the client’s future.

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Frequently Asked Questions

Q: What’s the difference between burglary and robbery?
 A: Burglary involves entering a structure with intent to commit a crime; robbery involves taking property directly from a person using force or fear.

Q: Do I have to “break in” to be guilty of burglary?
 A: No. Entering through an unlocked door or open window with criminal intent is enough to constitute burglary under California law.

Q: Can I be charged with burglary if I didn’t steal anything?
 A: Yes. Burglary focuses on intent — even if nothing was taken, you can be charged if prosecutors believe you intended to commit a crime.

Q: Is burglary a strike offense?
 A: Yes, first-degree residential burglary is a “strike” under California’s Three Strikes Law.

Q: Can burglary charges be reduced or dismissed?
 A: Yes. Many cases can be reduced to trespassing or petty theft, particularly if there was no forced entry, violence, or prior record.

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Additional Resources

California Penal Code §459 – Burglary: Defines burglary and establishes penalties for first- and second-degree offenses.

California Jury Instructions (CALCRIM No. 1700) – Burglary: Judicial Council of California – CALCRIM 1700 – Describes the legal elements and burden of proof required for a burglary conviction.

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Hire a Defense Attorney for Burglary Charges in San Diego County, CA

Burglary is a serious criminal charge that can lead to years in prison, a felony record, and lasting damage to your reputation and career. However, many cases rely on circumstantial evidence of intent — and with the right defense strategy, charges can often be reduced or dismissed.

The Law Offices of Michael E. Cindrich represent clients across San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

Protect your future and your freedom. Contact Attorney Michael Cindrich today for a free, confidential consultation at (619) 262-2500.