Los Angeles Criminal Lawyers Blog
California Penal Code §459 makes it unlawful for any person who enters a dwelling or structure with the intent to “commit grand or petit larceny or any felony is guilty of burglary”.
Two major elements must be met for any person to be convicted of a burglary charge. The Prosecutor must prove to the Court that the person being charged is guilty beyond a reasonable doubt of both.
It must be proven that 1) the person entered a dwelling or structure and 2) they had the intent to commit theft of burglary. The prosecutors prove their case by using evidence such as witness testimony, evidence of break ins, DNA and other genetic evidence as well as observations of the scene after the fact.