California Burglary by Breaking and Entering is a specific crime defined under California law. It involves the unlawful entry into a structure with the intent to commit a theft or any felony inside. This type of burglary is distinct from other forms of burglary in California, such as burglary in the first or second degree. Burglary by breaking and entering is specifically outlined under California Penal Code Section 459. According to this code, a person is guilty of burglary when they enter a building, room, or any other structure with either locked doors or a clear sign of "no trespassing," and their purpose is to commit theft or any felony. It is important to note that entry does not necessarily require the use of force. Using any unlawful means to gain entry, such as opening a locked door with a key or using fraud or deceit, would still constitute breaking and entering. California recognizes three different types of burglary offenses: first-degree burglary, second-degree burglary, and commercial burglary. However, California Burglary by Breaking and Entering generally falls under second-degree burglary. First-degree burglary involves specified circumstances, such as burglary of an inhabited dwelling, which are considered more severe offenses. Second-degree burglary encompasses any burglary that does not meet the criteria for first-degree burglary. Burglary by breaking and entering is typically charged as second-degree burglary. It includes all cases where a person unlawfully enters a structure, whether it is residential, commercial, or any other type of inhabited or uninhabited building, with the intent to commit theft or any felony. It can apply to thefts from houses, apartments, offices, stores, warehouses, and similar structures. Commercial burglary, on the other hand, deals specifically with unlawful entries into commercial establishments. It occurs when someone enters a retail or business establishment with the intent to commit theft or any felony. It is important to note that commercial burglary can also involve breaking and entering, but its focus is on commercial premises rather than residential ones. In summary, California Burglary by Breaking and Entering is the act of unlawfully entering a structure with the intent to commit theft or any felony. It falls under the umbrella of second-degree burglary and is separate from first-degree burglary and commercial burglary. This type of burglary encompasses unauthorized entry into both residential and commercial buildings, making it a serious offense under California law.
California Burglary by Breaking and Entering
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The common law definition of burglary is the breaking and entering of someone else's dwelling at night with the intent to commit a felony therein. For the entry element to be satisfied, there must be either actual or constructive entry into the dwelling. Foundations of Law - Burglary - LawShelf LawShelf ? coursewarecontentview ? burgla... LawShelf ? coursewarecontentview ? burgla...
California Law The elements of modern day burglary include: Breaking - The old common law burglary required an actual breaking into the building or structure. There is no requirement today that there be an actual breaking into the structure or building.
California Penal Code 459 covers the crime of burglary. Often referred to as ?breaking and entering,? burglary is defined as the act of entering a premise with the intent of committing a felony or stealing property.
Rather, unlawful entry can occur through a variety of means, including physical force, entry through an open window or doorway, or ?constructive breaking.? Constructive breaking refers to circumstances where a burglar enters through means that don't require force, such as using threats of violence against a homeowner ...
Ing to 459 of California's Penal Code, a person commits burglary when he or she: Enters a house, room, apartment, store, building or other structure (numerous others are listed in the statute) With the intent to commit petty theft, grand theft, or a felony.
As long as there is the intent to commit a crime, it can constitute burglary. There is no breaking and entering requirement. The offender may trespass through an open door. This is different from robbery, which involves the use of force or fear to obtain another person's property.
