I know of a case when I lived in Salisbury, NC back in the 70's where a bugler broke into a house when the were supposed to be on their vacation but after leaving came back unexpectedly a few hours later and parked their car in the garage and went to bed.
The bugler aware of their plans broke in and was caught. He was tried in a capital case of home invasion. The penalty was life and his attorney argued that he should be tried for burglary which he plead guilty and not home invasion since he was sure no one was inside and had no intent of breaking into an occupied home.
The judge didn't buy it and he got life. That's how it is in the South and I don't know about the liberal blue states where you don't have hardly any property rights. What a joke.
Here in Georgia if a person breaks into your house while you are there he can be killed immediately. Are you supposed to find out after being shot if he has a weapon or not before you shoot. What a joke and it's a shame some folks and states like California think that way. Thank you, thank you very much