Burglary Attorney in San Jose

What California Law Says About Burglary

Under Penal Code 459, burglary occurs when a person enters a house, room, building, locked vehicle, or similar structure with the intent to commit grand theft, petty theft, or any felony. Two points often surprise people: forced entry isn’t required, and the crime is legally complete the moment entry happens with that intent, even if the underlying theft never occurs.

Penal Code 460 divides the offense into two degrees based on the type of structure involved.

First-Degree Burglary
This applies to inhabited residences, meaning homes and other places where people live. It’s always charged as a felony, regardless of what happened once inside.

Second-Degree Burglary
This covers all other structures, including retail stores, offices, and warehouses. It’s a wobbler offense, meaning prosecutors can charge it as either a misdemeanor or a felony depending on the circumstances and the defendant’s prior record.

Sentencing Exposure for Burglary Convictions

The gap between first- and second-degree burglary isn’t just a legal label. It translates directly into how much time a conviction can cost you.

First-degree residential burglary carries a state prison sentence of two, four, or six years and fines up to $10,000. It’s also classified as a serious felony under California’s Three Strikes Law, which means a conviction counts as a strike on your record. A third qualifying conviction can result in a sentence of 25 years to life. Sentencing can increase further if the victim was 65 or older, under 14, or had a qualifying disability, or if you have certain prior felony convictions.

Second-degree commercial burglary charged as a felony can bring up to three years of incarceration. Charged as a misdemeanor, the maximum is one year in county jail.

These ranges make it essential to challenge the charge early and aggressively before a conviction becomes part of your permanent record.

Defense Strategies Against Burglary Charges

Because burglary hinges on intent at the moment of entry, several defense paths are available depending on the facts of your case. We represent clients in both state and federal criminal courts and tailor the approach to what the evidence actually shows.

The common defense strategies we evaluate include:

• No criminal intent at entry: If intent to steal or commit a felony formed only after entering, the burglary charge can’t stand under California law.
• Mistaken identity: Burglaries often occur at night or in low-visibility conditions. Eyewitness identification in these circumstances is notoriously unreliable and can be challenged.
• Unlocked vehicle entry: Vehicle burglary under Penal Code 459 requires prosecutors to prove forced entry into a locked vehicle. Entering an unlocked vehicle doesn’t satisfy that element.
• Consent or honest belief of ownership: If you had permission to enter the property, or genuinely believed it was yours, that can defeat the charge.
• Insufficient evidence: Physical evidence, surveillance footage, and witness statements can all be scrutinized for gaps that undermine the prosecution’s case.

Burglary Cases at Santa Clara County Superior Court

Burglary charges filed in San Jose are heard at Santa Clara County Superior Court, located in the Hall of Justice in downtown San Jose. Knowing where your case will be heard is only the beginning. What matters is knowing how that courthouse operates: which prosecutors take a hard line on residential burglary, how judges approach wobbler charging decisions, and where there’s room to negotiate.

Because we’re a small, locally rooted Northern California firm, we’ve built that familiarity over years of working inside this system. We know the local personnel, and we use that knowledge to support your defense strategy.

Personalized Defense for Every Client

No two burglary cases are identical. The facts, the evidence, and the defendant’s history all shape what a strong defense looks like. We listen to what actually happened before deciding how to approach your case, whether that means negotiating with prosecutors or taking the matter to trial.

We stand by our clients at every stage. Our firm has a track record of results for past clients, though prior outcomes don’t guarantee what will happen in your case. What we can promise is that your case gets our full attention from the first consultation forward.

Burglary vs. Shoplifting and Theft: Understanding the Difference

Prosecutors sometimes charge burglary when the underlying act might otherwise look like shoplifting or petty theft. Understanding why matters for your defense.

Penal Code 459.5 defines shoplifting as entering an open business during regular hours with intent to steal property worth $950 or less. That’s a lesser offense by design. But if the same act occurs after business hours, through a locked entry point, or involves property valued above $950, prosecutors can charge second-degree commercial burglary instead, which carries a much steeper penalty.

Burglary is also legally separate from grand or petty theft because it focuses on unlawful entry with intent rather than the theft itself. Possession of burglary tools under Penal Code 466 can bring a separate charge on top of that. A screwdriver or lock pick carried with intent to commit burglary is enough to trigger that statute, even if no entry ever occurred.

These distinctions shape how a case is charged and what defenses apply. Getting them right from the start is where local court knowledge and a carefully built defense strategy can make a real difference.