the following may help you
Under the law, California Penal Code section 459, burglary is committed when entering a building with the specific intent to steal something or commit a felony. All the state needs to prove is that you had the intent to steal something or commit a felony when entering a building. The prosecution does not have to prove that you actually stole something or committed a felony.
For example, you could be found guilty of burglary for entering a building with the intent of vandalizing it. You could also be found guilty of burglary even if there was no evidence of stolen property IF the state can prove you had the intent to steal something when you entered the building.
There are two types of burglary under California law:
* First degree burglary, which is always a felony and a strike; and
* Second degree burglary, which can be charged as a misdemeanor or a felony and is not a strike.