Burglary Charges

What is a Burglary

There is burglary in the first degree and burglary in the second degree. First degree burglary is a felony and involves entering the residence of another with the intent to commit a crime. Second degree burglary is the same thing except it involves entering some structure that is not occupied as a residence, such as a commercial building or a church.

Normally the prosecutor will charge the following violation if they believe you have committed a burglary.

Penal Code section 459 – Entering the home of another with the intent to commit alarceny or any felony is guilty of burglary.

The punishment for a committing the crime of burglary depends on the degree.

Penal Code section 460(a) – First Degree Burglary is burglary of an inhabited structure. That is, a structure currently being used for dwelling purposes, whether occupied or not.

Penal Code section 460(b) – Second Degree Burglary is burglary of an uninhabited structure, such as a commercial building, store, cargo container, etc.

How Can Fiumara & Milligan Help?

We can appear in court for you. In most cases, we can appear in court for you, so you don’t have to miss work, school, OR family. We will make all court appearances and call you that very same day to give you a report. The amount of time it takes to resolve a case depends on the circumstances, but on average it takes about 2 to 3 months to resolve a case. If you end up going to trial, it can take even more time. Keep in mind, each case is different and there is no one size fits all.

What are Potential Defenses?

There are many potential defenses to a burglary charge. The following are just a few. Keep in mind, whether any of these defenses apply in your case depends on the facts.

You did not enter an inhabited structure and so you are not guilty of 1st degree burglary. Fiumara & Milligan Law, PC, has used this defense many times. Call us today to see if it applies in your case!

You never actually entered a “structure” and so no burglary was committed. This defense relies on arguing that the area you entered is not included in the list of structures set forth in Penal Code section 459. That includes a house, a room, an apartment a tenement, a shop, and so on.

You had permission to be in the home so no burglary was committed.If you have permission to be inside a structure, such as a house and you have the key to that house, then no burglary is committed even if you entered it for the purpose of stealing things.

What is the Fee?

In most cases we charge a flat fee for our criminal defense cases. We will have to meet with you either in person or by telephone for a ½ hour free consultation, to discuss your case and assess the potential defenses in your case in light of the facts. Our flat fee covers all appearances, motion work and more. There are no hidden fees and we will communicate with you at times.

Where Can I Go to Find Out More About Burglary?

[SCOTT ENGASSER – we need to populate this section with links to other blogs or to the blog page. Let’s talk.]

Call Us Today!

Call us today – we want to help [Or, Happy to Help, or something consistent!] Call us at

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San Rafael/ Marin County office at . . .

We also cover all Bay Area Counties, including the north, so give us a call!


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