Burglary Elements – California Penal Code 459
Orange County Burglary Attorney
If you are charged with Burglary, the following contains the elements that the prosecution must prove and the instructions that the jury will read:
The defendant is charged with burglary in violation of Penal Code section 459.
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant entered a building/room within a building/locked vehicle;
AND
2. When (he/she) entered the building, (he/she) intended to commit a theft or any other felony.
To decide whether the defendant intended to commit a theft or any other felony, a separate instruction on the specific crime will be given.
A burglary was committed if the defendant entered with the intent to commit theft or any other felony.
The defendant does not need to have actually committed the theft.
If you are being charged with burglary, it is important to speak with a Southern California burglary defense attorney. The Law Offices of Nam Q. Doan will defend you in court and fight for your rights. Call today at (714) 248-3626 or visit www.OCLegalDefense.com for more information.