Switch to ADA Accessible Theme
Close Menu

California Criminal Defense

Handling Cases Exclusively
In Ventura County California

Law Office of Paul Tyler

Call Us Now / Free Consultation

805-889-9000

Available 24 Hours / 7 Days A Week

Home / Criminal Defense / Burglary

Burglary Cases in Ventura County

Burglary began centuries ago as a crime against the home, but under California Penal Code 459, nearly any structure can be burglarized today: a house, apartment, garage, business, warehouse, barn, or storage unit. What makes burglary different from theft is that the crime is the entry with intent: prosecutors must prove you entered the structure already intending to commit theft or a felony inside. That intent element is often where these cases are won. I have defended burglary charges in the Ventura County courts for decades. If you or a family member has been arrested for burglary in Ventura, Oxnard, Camarillo, Thousand Oaks, Simi Valley, or anywhere in the county, call me at 805-889-9000 for a free consultation.

First Degree vs. Second Degree Burglary

California divides burglary into two degrees, and the difference is enormous.

First degree (residential) burglary is burglary of an inhabited dwelling, a place where someone lives, even if no one is home at the time. It is always a felony, punishable by two, four, or six years in state prison, and it is a strike under California’s Three Strikes law. If another person was present in the home during the burglary, the consequences are even more severe. Probation is available only in unusual cases where the interests of justice support it. Residential burglary is among the most serious charges filed in the Ventura County courthouse, and it must be defended accordingly.

Second degree burglary covers everything else: commercial buildings, garages, storage units. It is a “wobbler,” meaning the DA can file it as a felony or a misdemeanor. When there is no strong defense on the facts, driving a felony second-degree burglary down to a misdemeanor (or a lesser charge) is often the central goal, and it is frequently achievable.

Shoplifting Is No Longer Burglary (PC 459.5)

Before 2014, entering a store intending to steal could be charged as commercial burglary, a potential felony. Proposition 47 changed that: entering an open business during regular hours intending to take property worth $950 or less is now the separate, misdemeanor crime of shoplifting. If you have been overcharged with burglary for what is legally shoplifting, that is the first thing I will attack. Be aware, though, that repeat theft offenses are treated more harshly since Proposition 36 passed in 2024. See my theft pagefor details.

Vehicle Burglary, and the New Forcible Entry Law (PC 465)

Breaking into a car has long been chargeable as auto burglary under PC 459, but only if the prosecution could prove the doors were locked. As of January 1, 2025, a new law (SB 905) created a separate crime of forcible entry of a vehicle (PC 465), which removes the locked-door requirement whenever there is forced entry: a broken window, a pried door, a punched lock, or use of tools or electronic devices like signal extenders. It is a wobbler carrying up to a year in county jail as a misdemeanor, or 16 months, two, or three years as a felony. The locked-door defense still matters: if there was no forced entry, an unlocked door, an open window, PC 465 does not apply, and the prosecution is back to proving the traditional elements. These cases are now more technical than ever, and the details of how entry happened can determine the charge.

Defenses to Burglary Charges

Burglary cases turn on intent and identity, and both can be challenged:

  • No intent at entry. If you formed the intent to steal only after entering, or never intended to commit a crime at all, it is not burglary. After-acquired intent is a complete defense to the burglary charge.
  • Consent. Entering with the owner’s permission defeats the unlawful-entry theory in many cases.
  • Mistaken identity. Burglaries are often charged on grainy surveillance footage, cross-racial eyewitness identifications, or fingerprints that prove presence at some point but not the crime.
  • Mere presence. Being near a burglary, or with people who committed one, is not enough.
  • Overcharging. As discussed above, many “burglary” cases are legally shoplifting or simple theft.

How I Handle a Burglary Case in Ventura County

If you retain me, I will appear with you at arraignment, enter a not guilty plea, and set the case for an Early Disposition Conference (EDC), essentially a settlement conference. Before the EDC, I obtain all police reports, surveillance footage, and other evidence from the District Attorney, then meet with you personally to review everything and build the defense. From there the path depends on the case: if viable defenses exist, we litigate, starting with the preliminary hearing. If the evidence is strong against you, the fight becomes reducing the charge, felony to misdemeanor, burglary to trespass or petty theft, and minimizing the consequences. In Ventura County, burglaries are typically filed as felonies, so there is almost always meaningful work to do. Call me at 805-889-9000 for a free consultation. I answer my own phone, no secretary, no paralegal, no associate, and I am available 24/7.