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Criminal defense attorney Neil Shouse of Shouse California Law Group explains Penal Code 460 PC – First-Degree Residential Burglary in California. More info at https://www.shouselaw.com/ca/defense/... or call (855) 999-7755 for a free consultation. "Penal Code 460 PC – What Counts as Residential Burglary in California?" In this video, attorney Neil Shouse breaks down California's law on residential burglary under Penal Code 460 PC. This statute defines first-degree burglary as unlawfully entering an inhabited dwelling with the intent to commit theft or any felony. What makes residential burglary more serious than commercial burglary is the fact that it involves breaking into places where people live—such as homes, apartments, trailers, or even tents and RVs. The law broadly defines “dwelling,” and a structure can qualify even if it's temporarily unoccupied, as long as it’s being used as a residence. Neil explains that even if the person living there is not home at the time, the dwelling is still considered inhabited. And the law doesn’t require that you knew the place was inhabited in order to be charged with first-degree burglary. Common areas like laundry rooms under the same roof as occupied apartments, attached garages, and even hospital or hotel rooms assigned to someone can also be treated as inhabited dwellings under this law. Burglary becomes a second-degree offense when the structure involved is commercial or uninhabited, which carries lighter penalties. First-degree burglary, however, is always a felony and is considered a strike offense in California, punishable by up to six years in state prison. Neil also covers how prosecutors prove intent, even in cases where nothing was actually stolen, and why entering with criminal purpose—even if you leave empty-handed—can still lead to a conviction. He dives into defenses that may apply in these cases, including lack of intent, mistaken identity, or claims that the structure wasn’t legally inhabited. He also explains what happens if you believed the property was abandoned, and how police misconduct—such as illegal search and seizure—can lead to evidence being suppressed. If you're facing burglary charges in California, understanding the difference between residential and commercial burglary is critical. These cases carry serious consequences, and Neil outlines the best strategies to fight the charges or negotiate a favorable outcome. If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.