A burglary charge under Cal. Penal Code § 459 doesn't require breaking a window or stealing anything at all. In California, you can be charged the moment you enter a building or locked vehicle with intent to commit theft or any felony inside. If it's a residence, that's first-degree burglary — a "strike" under California's Three Strikes law. Chudnovsky Law defends these cases across Los Angeles County, drawing on more than 113 years of combined courtroom experience and over 9,000 cases handled by our team.
Charged with burglary in Los Angeles? First-degree residential burglary carries 2, 4, or 6 years in state prison and counts as a strike for life. Kareem Aref, a partner and former Deputy District Attorney who filed and prosecuted these exact cases, now uses that inside knowledge to dismantle the government's evidence. Call (213) 212-5002 for a free, confidential consultation. We answer 24/7.
On This Page:
- Why local PC 459 experience matters
- What burglary costs and how we charge
- What the DA must prove
- First vs. second degree
- Our defense method
- Penalties and outcomes
- Common defenses
- LA courts and burglary cases
- Our promise to you
- Frequently asked questions
Why a Los Angeles Burglary Lawyer With Prosecution Experience Changes Your Case
The single biggest factor in a burglary case is intent at the moment of entry — and that's exactly what prosecutors struggle to prove. Most people think burglary means a break-in. It doesn't. Under PC 459, the crime is complete when someone enters a structure intending to steal or commit a felony, even if they never touch a thing.
Here's what most defendants don't realize. The prosecutor has to prove your state of mind before you walked in. That's rarely caught on camera. It's built from circumstantial pieces — where you were, what you carried, what you said afterward. As a former Deputy District Attorney who filed and tried these cases, Kareem Aref reads a burglary file the way the DA reads it, then attacks the gaps the intake prosecutor glossed over.
Our team has handled over 9,000 cases and tried more than 100 to a jury. That volume matters. When you've seen hundreds of PC 459 files, you recognize the weak ones on sight — the ones where "intent" is really just presence plus assumptions.
Roughly 90 to 98 percent of criminal cases resolve without a trial, which means the strength of your pretrial position often decides everything. We build that position from day one.
If you've already been arrested or received a court date at the Foltz Criminal Justice Center, don't wait. Call (213) 212-5002 for a free case review.
What Does a Burglary Defense Cost in Los Angeles?
Your first consultation with Chudnovsky Law is free, with no obligation and no commitment. During that call we'll review your situation and explain the fee structure in writing before you decide anything. Burglary matters are handled on a flat fee, so you know the total cost before you retain us — not a meter running by the hour.
Worried you can't afford solid representation? That's the wrong question. The real cost is going without it. A felony burglary conviction can end a career, block housing applications, and — if it's residential — follow you for life as a strike. The price of getting the defense wrong almost always dwarfs the price of getting it right.
We also offer payment plans on many cases. We'll discuss arrangements during your consultation so cost never becomes the reason you face this alone.
What the free consultation actually covers
You'll speak with someone who understands PC 459 law, not a call-center screener. We'll look at your charging documents, explain whether you're facing a misdemeanor or a felony, and outline the realistic paths forward. No pressure. Just straight answers about where you stand.
What Must the Prosecution Prove to Convict You of Burglary?
To convict you of burglary under PC 459, the prosecution must prove two things beyond a reasonable doubt: that you entered a structure or locked vehicle, and that you held the intent to commit theft or a felony at the moment of entry. Miss either element, and the charge collapses.
Burglary is entering any building, room, locked vehicle, or other structure with the intent to commit theft or a felony once inside. Notice what's missing — force, breaking, and completion. You don't have to break in. You don't have to succeed.
This is where cases turn. The entry itself is usually easy for the state to show. Surveillance, a witness, a fingerprint. Intent is the battleground. Prosecutors infer it from behavior, but inference isn't proof.
Key insight: In our experience, the weakest burglary filings are the ones where the DA assumes intent from the fact of entry alone. Someone walks into an open store, gets accused of shoplifting, and suddenly it's charged as commercial burglary. But if the intent to steal formed after entering, it isn't burglary — it may be a lesser theft offense instead.
What happens if I entered a store legally but then took something? If you entered a business that was open to the public and only decided to steal after you were inside, that may not meet the intent-at-entry element of burglary. It could be petty theft under Cal. Penal Code § 488 or shoplifting under Cal. Penal Code § 459.5 instead — both misdemeanors carrying far lighter exposure. The timing of your intent is a real defense, and it's one prosecutors often ignore.
What's the Difference Between First and Second Degree Burglary?
First-degree burglary is entry into an inhabited dwelling and is always a felony and a strike; second-degree burglary is any other burglary and is a wobbler that can be charged as a felony or misdemeanor. This distinction controls your entire exposure.
First-degree burglary (residential) means entering a place where someone lives — a house, apartment, or even an occupied hotel room. It doesn't matter if anyone was home. What matters is that the structure is "inhabited." This is a serious felony punishable by 2, 4, or 6 years in state prison, and it counts as a strike under the Three Strikes law for the rest of your life.
Second-degree burglary (commercial) covers everything else — stores, offices, warehouses, locked cars. It's a wobbler, meaning the DA can file it as a felony (16 months, 2, or 3 years) or a misdemeanor (up to a year in county jail). Which way it goes often depends on your record, the value involved, and how your attorney frames the case early.
Why "inhabited" is broader than you think
Courts read "inhabited" expansively. A vacation home the owner returns to, a room in a shared house, even certain outbuildings can qualify. Our team scrutinizes whether the structure legally counts as a dwelling — because if it doesn't, a strike-carrying first-degree charge may drop to second degree.
Auto burglary deserves special mention. Breaking into a locked car with intent to steal is second-degree burglary under PC 459 — but the vehicle must be locked. If the door was open, the element fails. That single fact has reshaped many cases we've reviewed.
Our Intent-First Defense Method
Every burglary case we take runs through what we call the Intent-First Defense Method — a four-stage system built around the one element the prosecution finds hardest to prove. It's grounded in Kareem Aref's experience arguing these cases as a prosecutor, so we know where the state's proof cracks.
Stage 1 — Deconstruct the entry. We map exactly how the state claims you entered and whether that entry is even provable. Was the vehicle locked? Was the structure legally "inhabited"? Was there consent to enter? Each answer can move a charge down a full degree.
Stage 2 — Attack the intent timeline. This is the heart of it. We reconstruct when your alleged intent formed. If it formed after entry — or never existed — the burglary element fails, and we push toward a lesser theft charge or dismissal of the burglary count.
Stage 3 — Suppress and challenge. Illegal search? Missing Miranda warning before custodial questioning? Miranda warnings must be read before police question you in custody, and statements taken without them can be thrown out. We file motions to suppress evidence and confessions that the government needs to prove its case.
Stage 4 — Negotiate from strength or try it. With over 100 jury trials behind us, we don't negotiate from fear. Prosecutors know which firms actually argue cases through trial when needed. That credibility drives better resolutions — reductions, diversion, or dismissal of weak counts — before trial ever becomes necessary.
Ready to put this method to work? Call (213) 212-5002 — we'll review your case at no cost.
Penalties for Burglary in Los Angeles
A first-degree residential burglary conviction carries 2, 4, or 6 years in state prison and a strike; a second-degree burglary can bring 16 months, 2, or 3 years as a felony or up to a year in county jail as a misdemeanor. The gap between those outcomes is enormous, and it's exactly where a defense attorney earns their keep.
Below is how burglary charges compare on classification and exposure. Every figure reflects California law.
| Charge | Classification | Custody Exposure | Strike? |
|---|---|---|---|
| PC 459 First-Degree (residential) | Felony | 2, 4, or 6 years state prison | Yes — serious felony strike |
| PC 459 Second-Degree (commercial) | Wobbler | 16 mo / 2 / 3 yrs felony, or up to 1 yr county jail | No |
| PC 459.5 Shoplifting (Prop 47) | Misdemeanor | Up to 6 months county jail | No |
| PC 488 Petty Theft | Misdemeanor | Up to 6 months county jail; fine up to $1,000 | No |
| PC 496 Receiving Stolen Property | Wobbler | 16 mo / 2 / 3 yrs felony, or up to 1 yr county jail | No |
A strike doesn't just add time to this case — it doubles your sentence on any future felony and can trigger a 25-to-life term on a third strike. That's why fighting the residential designation matters far beyond the current charge.
Beyond custody, a burglary conviction can trigger collateral fallout most people never see coming.
Collateral consequences that outlast the sentence
- Employment: A felony theft conviction shows on background checks and disqualifies applicants from many jobs handling money or property.
- Housing: Landlords routinely reject applicants with burglary records.
- Professional licensing: State boards can discipline or deny licenses over a theft-related conviction — a matter our firm also handles for licensed professionals, at the firm level.
- Immigration: Burglary can be treated as a crime involving moral turpitude, creating removal or inadmissibility risk under federal immigration law.
- Firearm rights: A felony conviction ends your right to own a firearm.
Restitution is also mandatory in most theft-related cases. You may be ordered to repay the full value of any loss on top of any fine or jail time.
What Defenses Work Against a PC 459 Charge?
The strongest burglary defenses attack intent, entry, and the legality of the evidence — because if the prosecution can't prove intent at entry, there is no burglary. Here are the defenses we build most often.
No intent at the time of entry
If you entered without any plan to steal or commit a felony, the crime didn't occur. Someone who walks into a friend's open garage to retrieve their own item, or enters a store to browse and only later succumbs to temptation, lacks the required intent. We reconstruct the timeline to show the state's inference doesn't hold.
Mistaken identity or lack of evidence
Burglary scenes often produce shaky identifications and thin circumstantial proof. A significant share of wrongful accusations trace back to unreliable eyewitness identification. We test every ID for suggestive lineups, poor lighting, and gaps in the chain of evidence.
Consent to enter
You can't burglarize a space you were invited into. If the owner gave permission to be there, a core element fails. This defense frequently arises in disputes between roommates, former partners, and family members.
Unlawful search or interrogation
Under the Fourth Amendment, evidence from an illegal search can be suppressed. If officers searched your car, home, or bag without a warrant or valid exception, we move to exclude what they found. The same applies to statements taken in violation of your Miranda rights.
What happens if the police never read me my rights? If you were in custody and being interrogated without a Miranda warning, statements you made may be suppressed and kept out of your trial. That said, Miranda applies to custodial questioning — not to everything you say. We review exactly when and how you were questioned to determine whether a suppression motion applies to your case.
Not sure which of these fits your situation? That's what the free consultation is for — no pressure, just honest answers.
Defending Burglary Cases in the Los Angeles Courts
Burglary cases in central Los Angeles are prosecuted by the Los Angeles County District Attorney's Office, with felonies often routed to the Clara Shortridge Foltz Criminal Justice Center and misdemeanors to the Metropolitan Courthouse. Knowing how each venue operates shapes strategy from the first appearance.
Felony PC 459 arraignments, preliminary hearings, and trials for the downtown and central area move through the Foltz Criminal Justice Center at 210 W. Temple Street. Misdemeanor second-degree burglary and shoplifting matters in the same area are handled at the Metropolitan Courthouse on South Hill Street. East LA cases run through the East Los Angeles Courthouse, and matters near LAX may land at the Airport Courthouse on South La Cienega Boulevard.
Why local familiarity matters here
Charging tendencies vary. The LA County District Attorney sets filing policy, and how a specific unit approaches wobblers — whether it files second-degree burglary as a felony or a misdemeanor — often turns on relationships and reputation. We appear in these courtrooms constantly, and prosecutors know our trial record.
Chudnovsky Law defends cases in all 23 Los Angeles County criminal court locations, including Van Nuys, Pasadena, Long Beach, Torrance, Compton, Norwalk, Glendale, Burbank, Pomona, and Inglewood. Wherever your case is filed, we know the venue.
The clock starts at arraignment. Arraignment is your first court appearance, where you hear the charges and enter a plea. For a felony, it typically happens within 72 hours of arrest (excluding weekends and holidays), if in custody. The decisions made at that first hearing — bail, plea, timeline — set the tone for everything after. Don't face it alone. Call (213) 212-5002 before your court date.
Our Promise to You
When you hire Chudnovsky Law, you're not a file number. Here's what we commit to, specifically.
You'll hear back fast. We answer calls 24/7, and you'll speak with a real member of our team — not an answering service that takes a message and disappears.
A qualified attorney handles your case. Your defense is led by lawyers who know PC 459 inside and out, including Kareem Aref, whose background prosecuting these cases informs every strategy we build. We've built a strong reputation among clients and peers across Los Angeles County, earned through decades of courtroom results and dedicated advocacy for the accused.
Your fees are transparent and in writing. We'll explain the flat fee or payment plan before you retain us. No surprises, no hidden hourly creep.
This page covers California state burglary charges under PC 459 in Los Angeles County. It does not address federal burglary offenses or civil matters. For those, or for charges in other counties, call us directly and we'll point you the right way.
The information on this page is for general informational purposes and does not constitute legal advice. Every case is unique — past results do not guarantee future outcomes. Contact a qualified attorney to discuss your specific situation.
Facing a burglary charge is frightening, and the strike consequences of a first-degree case can shadow the rest of your life. But an accusation is not a conviction.
Call Chudnovsky Law at (213) 212-5002 for a free, confidential consultation. We answer 24/7 across Los Angeles County, Orange County, Long Beach, and Santa Monica.
Frequently Asked Questions
Will I go to jail for a burglary charge in Los Angeles?
It depends on the degree and your record. First-degree residential burglary is a felony carrying 2, 4, or 6 years in state prison. Second-degree commercial burglary is a wobbler that can be a misdemeanor with up to a year in county jail or no custody at all. An experienced attorney can often push a felony toward a reduction, diversion, or dismissal of the burglary count where the evidence is weak.
Is burglary a strike in California?
First-degree residential burglary is a serious felony and counts as a strike under California's Three Strikes law. Second-degree commercial burglary is not a strike. Because a strike doubles the sentence on any future felony, fighting the residential designation is one of the most important things a defense lawyer can do in these cases.
How much does a Los Angeles burglary lawyer cost?
Your first consultation is free with no obligation. Many burglary cases are handled on a flat fee, so you know the total cost before you retain us, and we offer payment plans on many matters. We'll review your situation and explain the fee structure in writing during your first call. Call (213) 212-5002.
Can a burglary charge be reduced to a misdemeanor?
Second-degree commercial burglary is a wobbler, which means it can be charged or reduced to a misdemeanor. In some cases, a burglary charge can be reduced further to petty theft under PC 488 or shoplifting under PC 459.5 if the intent element is weak. First-degree residential burglary is a felony and cannot be a misdemeanor.
What's the difference between burglary and robbery?
Burglary under PC 459 is entering a structure with intent to commit theft or a felony — no force or victim contact required. Robbery involves taking property directly from a person by force or fear. They are separate crimes with different elements and penalties, and being charged with one does not mean you're guilty of the other.
Do I have to break in to be charged with burglary?
No. This surprises most people. Burglary under PC 459 requires only entry with the intent to commit theft or a felony — no breaking, forced entry, or damage is necessary. You can be charged for walking through an open door or into a business that's open to the public if the prosecution believes you intended to steal at that moment.
What if I only decided to steal after I was already inside?
That timing can be a full defense to burglary. Burglary requires intent at the moment of entry. If your intent to take something formed after you were already lawfully inside, the burglary element fails, and the conduct may only amount to petty theft or shoplifting — both misdemeanors with far lighter consequences.
How long does a burglary case take in Los Angeles?
Most cases resolve within several months, though timelines vary with complexity, the court's calendar, and whether the case goes to trial. Misdemeanors typically move faster than felonies. Since roughly 90 to 95 percent of criminal cases resolve without trial, much of the work happens in pretrial motions and negotiations where a strong early position matters most.
Can a burglary conviction be expunged in California?
Many burglary convictions may be eligible for dismissal under Cal. Penal Code § 1203.4, particularly misdemeanors and felonies where probation was completed successfully. Eligibility depends on the specific offense, whether you served a prison term, and your compliance with all terms. We can review your record during a free consultation to assess your options.
What should I do if the police want to question me about a burglary?
Politely decline to answer questions and ask for a lawyer. You have the right to remain silent, and anything you say can be used to build the intent element the prosecution needs. Statements taken in custody without a Miranda warning may be suppressed, but the safest move is to say nothing about the case and call an attorney immediately at (213) 212-5002.
Chudnovsky Law - Los Angeles Office
Address: 1933 S Broadway #1100, Los Angeles, CA 90007, USA
Contact No: (213) 212-5002
“Yo, shoutout to Kareem, because this man really got me out of a situation I never should’ve been in. From the jump, he knew what he was doing—calm, collected, and all business. No nonsense, just straight facts and a solid game plan. Kept me updated, let me know what to expect, and in the end, he made it happen—case dismissed.
If you ever find yourself needing a lawyer who actually gives a damn and knows how to handle business in the courtroom, don’t waste your time with anyone else. Kareem is the real deal.
Appreciate you, my guy. You already know”
BENJAMIN