Robbery PC 459 (Penal Code 459)
Robbery PC 459 (Penal Code 459)
Code Section: Penal Code 459 (click here to view the statute)
Related CALCRIM: 1700, 1701
PC 459 Brief Summary:
Penal Code 459 lays out the elements for burglary. In general, burglary is defined as entering a building (or vehicle) with the intent to commit theft or any felony inside (not just theft). Penal Code 460 goes on to define first and second-degree burglary. Burglary of an inhabited residence is first degree burglary. All other burglary is second-degree burglary (burglary of businesses, detached garages, and cars). Burglary can be charged in a wide range of cases and is often charged in conjunction with other crimes. For example, prosecutors will often charge a burglary and a theft together in cases where a person enters a home and steals from it. First degree burglary is a felony strike offense. Second degree burglary is not a “strike” offense and it can be charged as either a felony or as a misdemeanor.
PC 459 Elements:
To prove someone guilty of this crime, the government must prove:
- The defendant entered a building, structure, or locked vehicle;
- When the defendant entered, the defendant intended to commit theft or a felony.
PC 459 Punishment:
According to Penal Code 461, first degree burglary is a felony punishable by two, four, or six years in prison. Second degree burglary is punishable either as a felony, or as a misdemeanor. As a felony, second degree burglary is punishable by 16 months, two years, or three years in the county jail. As a misdemeanor, second degree burglary is punishable by up to a year in county jail. In cases where a person has not been sentenced to prison, probation can be granted for this offense. Other fines, fees, and possible probation terms could be applied. First degree burglary is a “strike” offense, meaning that a conviction can be used against you in the future to drastically increase your maximum exposure and potentially make you eligible for life in prison if you were convicted of a qualifying offense after having been previously convicted of two other prior strikes. “Strike” offenses can also be used against you in other ways. Second degree burglary is not a “strike” offense.
PC 459 Lesser Included Offenses:
A lesser included offense is one that contains all of the elements of the charged offense, but for which the consequences are less severe. Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. An attempt is often times a lesser included offense to a charged offense and occurs when the defendant intended and tried to commit the charged offense, but for whatever reason, was unable to finish committing that crime. In general, there are no other lesser included offenses for Penal Code 459.
PC 459 Related Charges:
- Penal Code 211-Robbery
- Penal Code 488-Petty Theft
- Penal Code 457-Grand Theft
- Penal Code 459.5-Shoplifting
- Vehicle Code 10851-Vehicle Theft
Have You Or A Loved One Been Charged With a Crime?
If you or a loved one has been charged with a crime, it is important to make sure that your rights (or those of your loved-one) are protected. Any criminal conviction can have a severe and far-reaching impact on a person’s future. Criminal convictions can result in expensive fines, orders to pay restitution to an alleged victim, restrictive probation terms, court-ordered classes, and can result in significant time behind bars. In short, a criminal conviction can have devastating and life-long consequences that impact and jeopardize every aspect of a person’s life from future job prospects, to family-life, to a person’s very freedom.
Criminal defense attorney and former Riverside County prosecutor Gregory Rollins uses his unique experience and expertise to defend the rights of the accused and provide meaningful legal advice to his clients. Every client is unique. Each client has different needs. No two cases are exactly the same. Attorney Rollins understands these things and is committed to seeking an outcome in each case that takes into account all of these factors. For every case, Attorney Rollins develops a unique legal strategy that incorporates the needs of the client with the best possible legal defenses to the crimes charges to secure the best possible outcome for every client in every case.
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