California Penal Code 459 defines burglary as entering a structure with the intent to commit theft or any felony. First degree burglary (residential) is always a felony and a strike offense. Second degree burglary (commercial) can be charged as a felony or misdemeanor.

Attorney Geronimo Gutierrez IV will challenge the prosecution's evidence at every stage — from the legality of any search to the sufficiency of evidence of intent. Many burglary cases turn on circumstantial evidence that can be effectively challenged.