459 Police Code

Understanding 459 Police Code: Burglary Laws and Defense Strategies

The police code 459 refers to the crime of burglary. This code is used across police departments to succinctly communicate over radio channels about burglary incidents. But what exactly constitutes burglary from a legal perspective? And what defenses can someone accused of burglary use? This article breaks it down in simple terms.

What is 459 Burglary?

In essence, 459 burglary means illegally entering a building with the intent to steal or commit another felony inside. There are a few key components that make up a basic burglary charge:

• Unlawful entry – The person enters a structure like a home, business, or vehicle without permission or legal right
• Intent – They entered with the plan to steal or commit a felony crime once inside
• Structure – The entry has to be into some kind of enclosed structure, not just an open yard or field

So if someone hops your backyard fence and breaks into your shed to look for stuff to take, that could be a 459. Or if someone busts the lock on a company warehouse door and takes inventory, another possible 459 situation.

What’s Considered a Structure?

In California, where the 459 police code originates from, structures include:

• Houses, apartments, garages
• Sheds, barns, warehouses
• Offices, stores, malls
• Vehicles like cars, trucks, boats, planes
• Shipping containers, railcars

So breaking into someone’s car or the cargo hold of a train could also lead to 459 burglary charges in California and other states with similar laws.

What About Trespassing?

You may be wondering what separates burglary from basic trespassing. After all, they both involve entering private property without permission.
The key distinction is that trespassing becomes burglary when someone goes onto or into a property with the intent to commit a crime once inside.
So if a person is just walking their dog on someone else’s land without meaning harm, that would usually be civil trespassing. But if they sneak into a barn intending to steal farm equipment to sell, now we’re talking 459 burglary territory.

Burglary Degrees and Penalties

Like many crimes, burglary charges can range from minor to severe based on circumstances. Some factors determine the burglary degree and penalties in a given case:

First-Degree Burglary

This charge applies when a burglary involves additional serious crimes. For example:

• The burglar was armed with a deadly weapon
• They assaulted or injured someone during the incident
• A residence was occupied at the time (hot prowl burglary)

First-degree 459 cases lead to felony charges, multi-year prison sentences, and thousands in fines.

Second-Degree Burglary

This level applies to “standard” burglary situations – illegally entering a structure with intent to steal or commit a felony. Second-degree charges still lead to fines and felony time, but less harsh than first-degree cases.

Third-Degree Burglary

Also called petty theft burglary, these apply when someone trespasses and steals relatively low-value items. For example, a person entering an open garage and taking tools worth less than $50. Third-degree burglary may just involve misdemeanor petty theft fines or probation time.

Common Burglary Defenses

If you find yourself accused of 459 burglary, don’t panic. There are often viable defenses an experienced criminal lawyer can use to fight the charges. Some common counter-arguments include:

You Had Permission or Legal Right to Entry

It’s not burglary if you had established permission to enter the property. For example, if you’re retrieving tools from your workplace after hours per company policy. Or entering your shared rental home that you live in.

You Didn’t Intend to Commit a Crime

Remember, burglary requires intent to commit a crime upon entry. So if you went into an open garage just to get out of the rain, not take anything, you weren’t intending any crime. Trespassing isn’t the same as burglary.

You Have an Innocent Explanation

Maybe there was a misunderstanding and you entered the wrong home by accident. Or you found cash laying around that you figured was misplaced, not stolen. An innocent explanation for your actions can defeat intent allegations.

There’s Insufficient Evidence

Prosecutors have to provide solid evidence like security footage, fingerprints, stolen items, etc proving you committed burglary. If the evidence is lacking, weak, or circumstantial, skilled lawyers can often get charges reduced or dismissed.

Getting Legal Help for Burglary Charges

Dealing with a 459 case is stressful. But know that options exist, and criminal defense attorneys can strategize the best approach for your specific situation. Whether that means negotiating with prosecutors or bringing counter-arguments to trial.
Don’t wait to connect with an experienced burglary lawyer in your state. They can assess your case details and advise on steps to take for the best possible outcome. This could make all the difference in avoiding harsh penalties down the road. Know your rights and fight back!
I hope this breakdown gives you a better handle on 459 burglary laws and how to navigate such criminal cases. Let me know if any other questions come up!