Breaking and entering might seem like a crime that’s easy to understand, but in California, the legal definition is anything but simple. While most people picture a smashed window or a forced lock, the truth is you can face serious criminal charges without ever breaking anything at all. If you’re being accused of breaking and entering, it’s critical to understand how California law defines this offense and why intent plays a bigger role than most realize.

What Is Breaking and Entering Under California Law?

In California, there’s no standalone charge for “breaking and entering.” Instead, these cases typically fall under burglary laws. Under Penal Code 459, burglary is defined as entering any building, room, or locked vehicle with the intent to commit theft or any felony. That means you don’t need to use force or break anything to be charged. Simply stepping inside a property without permission—and with the wrong intent—can be enough to trigger serious legal consequences.

This broad definition often leads to misunderstandings. For example, someone might walk into a garage to retrieve something they believe belongs to them and suddenly find themselves under investigation for burglary. In many cases, the real question isn’t what you did—it’s why you did it.

Intent Is the Key Element in These Cases

Prosecutors don’t have to prove that a crime was actually committed after you entered the property—just that you intended to commit one. This is where things get tricky. How do you prove or disprove intent? Often, the prosecution will rely on circumstantial evidence like time of entry, possession of tools, or prior behavior. But that evidence doesn’t always tell the full story.

At Simmons Wagner, LLP, we work to challenge the assumption of intent. Maybe you entered by mistake. Maybe you had permission. Maybe there was no plan to commit a crime at all. Every case has context—and that context can make or break the outcome.

The Difference Between First- and Second-Degree Burglary

California separates burglary into two degrees. First-degree burglary typically involves residential properties and is considered a felony with potential prison time. Second-degree burglary involves commercial properties and can be charged as either a misdemeanor or a felony, depending on the circumstances.

This distinction matters, especially when it comes to sentencing. First-degree burglary can lead to up to six years in state prison. Second-degree burglary, when charged as a misdemeanor, may carry up to one year in county jail. The classification depends not only on location but also on your criminal history and how the case is presented.

How a Criminal Defense Attorney Can Help

The good news is that breaking and entering cases can be defended—strongly. At Simmons Wagner, LLP, we start by evaluating the evidence and questioning the narrative built by law enforcement. Did you have permission to enter the space? Was there a misunderstanding about who owned the property? Were your actions misinterpreted?

We may also bring in expert witnesses, gather surveillance footage, or negotiate reduced charges based on your intent and criminal history. Every detail matters, and early involvement from an experienced defense attorney gives you the best chance at a favorable outcome.

Call Simmons Wagner, LLP Today to Protect Your Rights

A breaking and entering charge in California is more than a misunderstanding—it’s a legal threat to your freedom, future, and reputation. Don’t wait to get help. Contact Simmons Wagner, LLP at (949) 439-5857 today to schedule a confidential consultation. We’ll walk you through your options and fight to protect your rights every step of the way.