San Diego Burglary Defense Lawyer
Burglary is a serious criminal charge in California that can come with long-lasting consequences—especially if charged as a felony. Many people associate burglary with breaking into a home at night, but California law casts a much wider net. You can be charged with burglary even if nothing was stolen and even if the alleged entry happened during daylight hours or into a commercial building.
At Anthony Z. Vargas, Esq., Attorney at Law, we provide a strong, strategic defense to people accused of burglary throughout San Diego County. As a former public defender, San Diego burglary defense lawyer Anthony Vargas brings calm and confidence to an otherwise intimidating process, helping clients feel understood, respected, and vigorously defended.
What Is Burglary Under California Law?
Under California Penal Code §459, burglary is defined as entering a structure with the intent to commit theft or any felony once inside. This includes homes, apartments, garages, businesses, and even locked vehicles.
A key element of burglary charges is intent. You don’t have to actually steal anything or commit a felony to be charged. The prosecution only needs to prove you entered a structure planning to do so. This makes burglary a uniquely challenging charge because it relies heavily on proving what was in someone’s mind at the time of entry.
First-Degree vs. Second-Degree Burglary
Burglary charges in California are categorized into two degrees:
First-Degree Burglary (Residential Burglary)
This involves entering a residential structure, such as a house, apartment, or room where someone lives. First-degree burglary is always charged as a felony and is considered a strike under California’s Three Strikes Law. It is also classified as a “serious” and “violent” felony, which can enhance future sentencing if you’re convicted of another felony later on.
Second-Degree Burglary (Commercial Burglary)
This applies to all other types of structures, such as businesses, stores, storage units, and locked vehicles. Second-degree burglary can be charged as either a misdemeanor or felony, depending on the circumstances, your criminal history, and other factors. This makes it a “wobbler” offense in California.
Burglary vs. Shoplifting
In 2014, California voters passed Proposition 47, which created a distinction between certain low-level thefts and burglary. Under this law, if a person enters a store during regular business hours intending to steal items valued at $950 or less, the offense is generally charged as shoplifting under Penal Code §459.5, a misdemeanor. However, if the prosecution can show the intent to commit a more serious crime—or if the value is higher—it can still be charged as burglary.
More recently, in 2024, California voters passed Proposition 36, pushing back against the reforms they had previously voted for. Now, shoplifting can be charged as a felony by proving either repeat offenses or aggregating the value of goods from multiple offenses.
Understanding these distinctions can make a huge difference in how your case is charged and resolved. That’s why it’s essential to have an attorney who knows how to challenge the prosecution’s assumptions and protect your rights at every stage.
Penalties for Burglary in California
Penalties vary depending on whether you’re charged with first- or second-degree burglary, your prior criminal history, and the facts of the case. A conviction can lead to:
- First-Degree Burglary (Felony)
- Two, four, or six years in California state prison
- Formal probation (in some cases)
- A strike on your record under the Three Strikes Law
- Second-Degree Burglary (Misdemeanor)
- Up to one year in county jail
- Misdemeanor probation
- Second-Degree Burglary (Felony)
- 16 months, two years, or three years in county jail
- Felony probation
Additional penalties may include fines, restitution to any alleged victims, and potential consequences for non-citizens, including immigration issues.
Legal Defenses to Burglary Charges
Anthony Vargas takes the time to carefully review the facts of each case and build a defense strategy tailored to the individual. Depending on your situation, potential defenses may include:
- Lack of intent: If you entered the building without the intent to commit theft or a felony, the key element of the crime is missing.
- Consent to enter: If you were invited or permitted to be in the structure, the element of unlawful entry may not be met.
- Mistaken identity: Burglary charges often arise from eyewitness accounts or surveillance footage, which can be flawed or unreliable.
- Insufficient evidence: Prosecutors must prove intent beyond a reasonable doubt. If there is no direct evidence of what you planned to do inside, the case may be weak.
- Police misconduct: If your rights were violated during a search, arrest, or interrogation, it may be possible to suppress evidence or get the case dismissed.
Every case is different. Anthony’s experience and thorough approach allow him to spot weaknesses in the prosecution’s case and push for the best possible outcome—whether that’s a reduction in charges, a favorable plea agreement, or taking the case to trial.
Why You Shouldn’t Talk to Police Without a Lawyer
Burglary charges are serious, and anything you say to the police can be used against you. If you’re under investigation or have been arrested, do not attempt to explain your side of the story without a lawyer present. Even innocent statements can be twisted or misinterpreted in ways that damage your case.
By asserting your right to remain silent and requesting an attorney, you protect yourself from making mistakes that could cost you your freedom.
Protect Your Future with a Proven San Diego Criminal Defense Lawyer
If you or someone you love is facing burglary charges in San Diego County, you need a defense attorney who knows the system, understands the law, and is ready to fight for you. San Diego burglary defense lawyer Anthony Vargas has successfully defended clients in all types of theft-related cases, from low-level misdemeanors to serious felonies, and he is ready to put that experience to work for you.
From the initial consultation to the final resolution of your case, you’ll have a strong advocate in your corner—someone who listens, advises, and stands up for you in court.
Call Anthony Z. Vargas, Esq., Attorney at Law to get started on your defense today.