"Frank Rorie is one of the most well-respected criminal defense lawyers in the Los Angeles area because he is diligent, always well-prepared and dedicated to helping his clients." - William Ayers, Esq.
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If you or a loved one is in need of an attorney, contact the Law Offices of Frank D. Rorie for a free consultation and ask to speak with an attorney immediately.
The Law Offices of Frank D. Rorie
The Iowa Courthouse
18411 Crenshaw Blvd.
Suite 360
Torrance, California 90504
Phone (310) 316-6893
Criminal Law :: Burglary
Burglary and Theft in Southern California
The Law Offices of Frank D. Rorie has experience with all types of burglary cases throughout Southern California including cases involving theft, conspiracy to commit burglary, and burglary.
At common law, a person could be charged with burglary for the trespassory breaking and entering the dwelling house of another at night, with intent to commit a felony therein. Breaking was defined as any physical movement of a structural impediment. This would include pushing open a door that was slightly ajar. Entering was defined as any penetration of air space in a building, no matter how slight, by a person, by any part of his body, or by any instrument or weapon being used, or intended to be used, in the commission of a crime. Burglary of course, is a specific intent crime. This requires the intent to commit a felony at the time the person performs the crime.
As time went on, the elements for burglary changed. Most crimes of burglary are charged under California Penal Code Section 459. Penal Code Section 459 reads as follows:
“459. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, "inhabited" means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because natural or other disaster caused the occupants to leave the premises.”
The penalty for burglary has been codified under California Penal Code Section 461. California Penal Code Section 461 reads as follows:
“461. Burglary is punishable as follows: 1. Burglary in the first degree: by imprisonment in the state prison for two, four, or six years. 2. Burglary in the second degree: by imprisonment in the county jail not exceeding one year or in the state prison.”
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