grunch but to be convicted of burglary you have to have specific intent to go into someone's home and steal something.
Originally Posted by SadDonkey
I am a criminal attorney and the first quote is correct (at least in California).
Nope. Burglary is when you unlawfully enter a dwelling "with intent to commit grand or petit larceny or any felony
..." See Cal. P.C. 459
In other words, burglary doesn't just mean stealing from a house, like most people think. If I enter a dwelling with the intent to commit any
felony -- e.g. to deal drugs, to rape someone, to kill someone, whatever -- that's burglary. I once had a client charged with burglary for going into peoples' homes to sell them investments. Prosecutor alleged he went in with the intent to commit securities fraud.
That may be where the burg charge is coming from. The prosecutor may be alleging that you had the intent to commit felony vandalism or destruction of property (by urinating on it).
But the OP is right that if you were too intoxicated to form the intent, you're not guilty of burglary.