place of business or other building with the intent to commit a felony or a theft (Cal. Pen. Code, � 459). It is a premeditated and calculated crime that is intended to take advantage of the greater sense of security one has in their home or business. It creates a high risk of danger because people are extremely vulnerable under the circumstances and they are inclined to react defensively. It is not just entry into a residence to commit theft. It includes entry to commit assault, rape, robbery or any number of other felonies. Just ask anybody who has been burglarized whether they have a greater or lesser sense of security after the crime. Ask them whether they continue to feel safe in their home.

"'"Burglary laws are based primarily upon a recognition of the dangers to personal safety created by the usual burglary situation - the danger that the intruder will harm the occupants in attempting to perpetrate the intended crime or to escape and the danger that the occupants will in anger or panic react violently to the invasion, thereby inviting more violence. The laws are primarily designed, then, not to deter the trespass and the intended crime, which are prohibited by other laws, so much as to forestall the germination of a situation dangerous to personal safety." Section 459, in short, is aimed at the danger caused by the unauthorized entry itself.' [Citations.] ... entry into an inhabited structure is recognized as most dangerous and most likely to create personal injury justifying assignment of the greater degree." (People v Montoya (1994) 7 Cal.4th 1027, 1042-1043, italics added.)

The assertion that burglary is a "non-violent" property crime because no harm in fact occurs when a burglar enters someone's home or building does not minimize the risk of harm that a burglar is willing to take. It simply begs the question and asserts credence based upon mere fortuity. The reality is that residential burglary has long been recognized as having the potential for a high risk of harm. It is an intrusion into our personal space where we are most vulnerable. The Legislature has emphasized this by making a residential burglary a no probation felony except under unusual circumstances (Cal. Pen. Code, � 462). The argument that residential burglaries in particular and burglaries in general are nonviolent felonies is legal revisionism at best and legal misrepresentation at worst.

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