"Breaking and Entering" is a commonly used phase, which actually refers to committing the crime of using force to enter a structure. For example, if a burglar breaks a window to gain access to someone's house, they are "Breaking and Entering."
In the state of California, no law exists called "Breaking and Entering," although many lawyers will refer to this type of Burglary as B & E. Burglary does not require forced entry.
Suppose you notice that your neighbor across the street leaves his front door wide open accidentally after leaving for work. After he is out of sight, you enter his home, take some electronics, then leave. In this example, one in which no force was used to enter the home, you would still be liable for committing burglary.
California Penal Code Section 459 defines Burglary as entering various structures, such as a room, apartment, warehouse, or store, among other places, "with intent to commit grand or petit larceny or any felony." There are two different kinds of burglary, which is why it is extremely vital to hire an experienced criminal defense attorney if you have been accused of burglary.
If you or a loved one has been accused of burglary, do not be scared. Lessem, Newstat & Tooson, LLP has had great success defending clients accused of burglary using various defenses, such as mistaken identity or the items were taken because you thought you were given permission. Call now to have your case reviewed by experienced attorneys willing to fight on your behalf.