Burglary Defense Attorney Serving LA County 

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant entered (a/an) (building/room within a building/locked vehicle/ <insert other statutory target>); AND

2. When (he/she) entered (a/an) (building/room within the building/locked vehicle/ <insert other statutory target>), (he/she) intended to commit (theft/ [or] <insert one or more felonies>).

To decide whether the defendant intended to commit (theft/ [or] <insert one or more felonies>), please refer to the separate instructions that I (will give/have given) you on (that/those) crime[s].

<Give the following bracketed paragraph if the second degree is the only possible degree of the charged crime for which the jury may return a verdict.>

[If you find the defendant guilty of burglary, it is burglary of the second degree.]

A burglary was committed if the defendant entered with the intent to commit (theft/ [or] <insert one or more felonies>). The defendant does not need to have actually committed (theft/ [or] <insert one or more felonies>) as long as (he/she) entered with the intent to do so. [The People do not have to prove that the defendant actually committed (theft/ [or] <insert one or more felonies>).]

[Under the law of burglary, a person enters a building if some part of his or her body [or some object under his or her control] penetrates the area inside the building’s outer boundary.]

[A building’s outer boundary includes the area inside a window screen.]

[The People allege that the defendant intended to commit (theft/[or] <insert one or more felonies>).You may not find the defendant guilty of burglary unless you all agree that (he/she) intended to commit one of those crimes at the time of the entry. You do not all have to agree on which one of those crimes (he/she) intended.]

For the man in the street, probably the biggest surprise in the burglary statute is this crime is not necessarily a ‘theft’ related offense. The accused is guilty of ‘burglary’ if he or she enters any structure, inhabited or not, with the intent to commit any ‘crime’ inside.

A person can be charged with ‘Commercial’ burglary when they enter a store with the specific intent to steal. Typically, ‘commercial’ burglaries is charged as a misdemeanor when the value of the property taken is less than $400.00. However, if the value is over $400.00 the burglary will be charged as a felony. This is commonly referred to as grand theft. Commercial burglary is not a strike.

If you are not a United States citizen, your immigration status or application for citizenship will be in jeopardy if convicted of Burglary.

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