Fake Pizza Delivery Leads to Home Invasion in Palo Alto (CA Penal Code 459)

There are many different ways in which home invasions occur; this story, however, is one of the strangest yet. Allegedly, a family of 5 were in their home on Arastradero Road in Palo Alto when someone rang the doorbell. According to witness statements, a man was standing near the doorway with a pizza box, insisting that a pie had been ordered. When the family’s grown daughter attempted to close the door, the ‘pizza delivery guy’ and 2 others forcibly entered the home. They were thwarted when the father appeared and seem to have simply run away without taking anything from the home or doing much harm otherwise than frightening the entire family. The suspects have yet to be apprehended, but will face home invasion charges if and when they are.

Pursuant to California Penal Code 459, a ‘burglary’ is said to have occurred when unwelcome persons enter the residence of another person without the permission of the person that lives there, and with the intent of committing a felony or petty theft.. When an individual or individuals break into a home or place of residence while the residents are at home, then it is considered first degree or ‘residential’ burglary. Normally, the penalties for this type of felony burglary charge includes up to 6 years in state prison. However, when a home invasion is concerned, the perpetrator or perpetrators may also be charged with criminal trespass (CA Penal Code 602) or aggravated trespass (CA Penal Code 601).