Burglary and theft are often confused, but California law treats them as two separate crimes. While both involve someone else's property, the legal definitions and penalties are different. When facing burglary or theft charges, you risk severe consequences, including imprisonment, fines, and a criminal record.
At Perlman & Cohen Los Angeles Criminal Lawyers, we understand the importance of a strong defense in these cases. A good strategy can mean the difference between a guilty verdict and a favorable outcome. We are committed to securing your rights and your future.
Burglary is a type of property crime, but it doesn’t always involve taking anything of value. Under California law, it means entering a building with the intent to commit theft or another serious felony. Even if no items are taken, the crime is still considered burglary if that intent existed.
This charge can apply to homes, businesses, or vehicles. Burglary carries heavy penalties, especially in residential burglary cases. Whether there was unlawful entry with force or not doesn't matter. What matters is why the person enters the property.
California Penal Code § 459 classifies burglary as entering a structure with the intent to steal or commit a felony. The law encompasses a broad range of situations, including breaking into homes, shops, and vehicles.
A person can be charged even if they didn’t actually steal anything. What matters most is the plan to commit a crime once inside. There’s no need to prove forced entry or violent crime—only the intent at the time they gain entry.
Theft occurs when someone unlawfully takes another's property, intending to deprive them of it permanently. This crime is based on the theft act itself—meaning the item was taken, unlike burglary, which focuses more on intent before the act.
The legal definition of theft is explained in Penal Code § 484 and § 487. The primary difference from burglary is that theft doesn’t involve entering a structure unlawfully. It happens when someone actually takes or tries to take stolen property.
In both cases, the court will examine what was taken, how it was taken, and whether any aggravating factors were present. Theft is a serious offense and part of a larger group of crimes, including robbery, burglary, and related offenses.
Understanding the difference between theft and burglary begins with understanding how the law perceives intent and the actions that accompany it. Burglary is the illegal entry into a structure with the intent to commit a crime or theft. In these cases, nothing needs to be taken for a person to face burglary charges.
Theft, however, is based on the act itself. It involves taking money, goods, or other stolen items without the owner's consent, usually with the goal of permanently depriving them of their property. While both crimes involve theft, burglary focuses on the plan before entry, while theft centers on the actual act of taking a person’s property. This is what distinguishes robbery, burglary, and theft in the criminal justice system. Due to these key differences, the charges vary, and one may result in more severe penalties than the other.
Yes. Under California law, a person can commit burglary without ever taking anything of value. The crucial factor is the intent to commit a crime upon entering the structure. Even if no stolen items are recovered, you could still face burglary charges.
This can be confusing, but the law is clear. Prosecutors don’t need to show that property stolen ever left the scene. If they prove you entered with intent, they can still push for a prison sentence, even without a theft.
A home invasion is one of the most serious forms of burglary. When a burglar enters someone’s home with the intention of committing a felony, it’s often charged as aggravated burglary. This type of crime committed within a residence can result in more severe penalties. In some cases, even criminal trespass with intent may result in a felony, depending on the facts.
If the alleged offense involves violence or if the victim is home, the court may seek harsher penalties.
Another example is breaking into a closed store with the intention of stealing or committing another crime. Even without taking anything, unlawfully entering with the intent to steal or destroy a person’s property constitutes burglary.
In these cases, criminal charges often depend on whether the owner gave their consent, the structure entered, and whether the suspect was armed with tools or weapons. These factors may turn the case into a felony.
Shoplifting is one of the most common theft crimes. It is the unlawful act of taking store merchandise with the intention of keeping it without payment. Unlike burglary, this doesn’t require entry with intent beforehand. The crime committed happens the moment the person tries to leave with unpaid goods.
The charge for shoplifting, whether a misdemeanor or a felony, is determined by the value of the stolen goods.
Embezzlement is when an employee takes money or stolen property from their job. Though this doesn’t always involve unlawfully entering a space, it still qualifies as theft.
The felony depends on the value of the stolen item. Higher amounts and repeated actions can bring a prison sentence and more severe penalties. These theft, robbery, and burglary offenses are taken seriously, especially when trust is broken.
In California, both theft and burglary charges can be charged as misdemeanors or felonies. These are known as "wobblers," meaning the charge depends on the details of the case. Factors like the value of the property stolen, whether a weapon was involved, or if the victim was harmed can impact how the criminal charges are filed.
Aggravating factors—such as prior convictions, violence, or property damage—can increase the severity of the consequences. For example, a simple theft can escalate into a felony if it's part of a larger scheme or if robbery involves the use of force. An experienced criminal defense attorney will explore all viable strategies to minimize your charges or secure an acquittal.
California law splits burglary into two types: first-degree and second-degree. First-degree burglary applies when the crime is committed inside a home or other place where people live. This type is often treated more seriously and may lead to a longer prison sentence.
Second-degree burglary usually involves businesses, stores, or other structures. Although still serious, it often results in lighter punishment compared to residential burglary. But either charge can still result in prison time depending on the facts and how your criminal defense lawyer presents your case.
The primary difference between theft types in California largely depends on the value of the item. If the property stolen is worth more than $950, it’s typically charged as grand theft. If it’s less than that, it may be charged as petty theft, which usually carries lighter penalties.
However, not everything is based solely on value. Some items—like motor vehicles, firearms, or certain animals—are always considered grand theft under the law. The minimum sentence for grand theft may still result in prison time, especially when aggravating factors are present.
In California, first-degree burglary is punishable by up to six years in prison. Because residential burglary is considered a more serious offense, courts typically assign more severe penalties. A judge may also issue robbery charges if force or threats were involved, since robbery involves force by definition.
Second-degree burglary can still result in up to three years of prison time, but some defendants may be eligible for probation. Your defense options depend on how the crime is described and whether your criminal defense lawyer can present a strong case with possible defenses.
Petty theft is often treated as a misdemeanor, which means you could face up to six months in county jail or probation. If this is your first offense, the court may allow you to perform community service or pay fines instead. Still, having a theft charge on your record can affect future job opportunities.
Depending on the case, grand theft can be charged as a felony or a misdemeanor, with a felony charge carrying a possible three-year prison sentence. With the help of a skilled criminal defense lawyer, it may be possible to negotiate a reduced charge or even obtain an acquittal.
A conviction for theft or burglary will stay on your criminal record and can create major problems. Employers often conduct background checks, and landlords may reject applicants with criminal charges—especially those involving property crimes. For non-citizens, either conviction may impact your immigration status or result in deportation.
The good news is that some convictions may be removed through expungement. A criminal defense lawyer can review your record to see if you qualify to have it cleared, a process that can help you move past a theft or burglary charge.
The charges you face depend heavily on what police believe happened. They’ll examine intent, the type of property involved, how entry occurred, and whether the case involved unlawfully entering a structure. If weapons or violence were involved, you may even face robbery charges, since robbery involves force and carries more severe penalties.
In many cases, your own words can hurt your case. A statement or confession—even if taken under pressure—can be used to support a charge. Consult a criminal defense lawyer before answering any questions about the charges or property in question.
If you’ve been accused of burglary, there are ways to fight back. Most defenses focus on what you were thinking at the time. Since burglary involves intent before entering a structure, your mental state is key to the outcome. A not guilty verdict may be possible with the right legal strategy.
If the prosecution cannot prove that you had a plan to commit a crime before entering, it may be hard to convict you. Possible defenses include showing you entered for a legal reason or had no criminal intent at all.
Another defense is that you weren’t the one who committed the crime inside the property. In burglary cases, witnesses may be mistaken or their accounts may be unclear. If the wrong person was arrested, the case should be dismissed.
Theft charges focus on the act of taking something that didn’t belong to you. But there are legal ways to defend against these claims. The right approach will depend on the situation, the value of the stolen property, and whether there is clear evidence of the theft.
One common defense is that you had the owner’s consent to use or take the property. If the property wasn’t truly taken without permission, you may not be guilty of committing theft.
To convict you, the prosecution must prove you intended to keep the item for good. If you planned to return it, the crime doesn’t meet the full legal definition of theft. With a skilled criminal defense lawyer, this argument may result in a reduced charge or a not guilty verdict.
At Perlman & Cohen Los Angeles Criminal Lawyers, we take a personal approach to every case. We understand that each theft or burglary charge comes with its own set of facts, risks, and opportunities for a favorable outcome. That’s why we focus on building strong strategies from day one, aiming to reduce charges or get them dismissed.
In many cases, we begin by reviewing police reports and evidence before formal charges are filed. This gives us the opportunity to step in early and advocate for reduced charges or no charges at all.
If your case goes to court, we’re ready to fight for you. Our team prepares detailed arguments, cross-examines witnesses, and challenges weak evidence—all with the goal of securing a not guilty verdict or reduced penalties.
If you’re facing theft or burglary charges, don’t wait to get help. At Perlman & Cohen, we offer fast, confidential case reviews. One call can make the difference between jail and freedom, or between a conviction and a clean record.
Your future is our priority; our experienced lawyers are prepared to defend it. We offer complimentary consultations, and all details you share remain confidential. Get trusted legal guidance today—your future is too important to risk.
