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Burglary Charges in San Diego, PC 459.

At Kern Law, APC, we have represented clients for almost two decades to defend against serious Burglary allegations. Burglary in California is divided into First and Second-degree. First Degree Burglary, PC 459/460, is a burglary of a residential structure. Second Degree Burglary, PC 459, is the burglary of any other type of structure, including businesses and stores. First Degree Burglary is always prosecuted as a felony and can result in state prison. Second Degree Burglary is a “wobbler,” which means it can be prosecuted as a felony or misdemeanor.


At Kern Law, APC, we will be able to identify legal defenses to your case. Here are a few that may be applicable to your case:

  • You did not have the intent necessary to be convicted of burglary;
  • The property taken actually belonged to you or you believed it belonged to you;
  • You are not the person who committed the burglary and it’s a case of mistaken identity;
  • Did the search that led to the stolen items, violate your Fourth Amendment rights against an illegal search and seizure;
  • Did law enforcement elicit statements that violated your Miranda Rights and resulted in statements being made that were incriminating?

There may be many more defenses that are specific to your case that we will explore during our representation.

First and Second-Degree Burglary charges are very serious allegations and require an experienced criminal defense attorney. If you are under investigation, have been arrested, or charged with burglary, contact my office today. We will provide a free consultation.