Burglary is a theft crime that requires evidence of entry into some type of building such as a house, room, apartment, shop, warehouse, store, barn, tent, houseboat, or other dwelling that is capable of being inhabited. Generally, this means that the structure is designed for dwelling purposes whether it is occupied or not. This element qualifies a theft as a first degree burglary which carries a low-term imprisonment of two years, a mid-term of four years and a maximum term of six years in California. A Santa Rosa criminal defense attorney, a Napa criminal defense attorney, and a Marin criminal defense attorney will argue for the stricter interpretation.

In a recent case, People v. Chavez (2012), the court ruled that to sustain a conviction evidence was required of entry into a building that was defined as a structure that had four walls and a roof. The evidence in this case was that the defendant’s co-conspirator, Phillips, entered a fenced yard and stole gasoline from an old junk car. Chavez was stationed near the fenced area and helped carry the gasoline away but there was no evidence that the defendant entered into any type of building. thereby, eliminating the burglary charge.

At least one Marin criminal defense attorney has noted that numerous California cases dating back to the 1800′s that require the building to have four walls and a roof. Since the defendant in this case was convicted of conspiracy to commit burglary and no actual burglary occurred, there was insufficient evidence to support the conviction for conspiracy and the verdict was reversed.

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