Burglary

How is a burglary charge prosecuted in California?

A burglary charge in California is prosecuted under Penal Code 459 PC. To secure a conviction for burglary, the prosecution must prove the following elements beyond a reasonable doubt:

1. The defendant entered a building or structure, or an area within a building or structure;
2. The building or structure was inhabited or used for commercial purposes;
3. The defendant entered the building or structure with the intent to commit theft or any other felony;
4. The defendant did not have the owner’s consent to enter the building or structure.

In order to prove that the defendant had the intent to commit theft or another felony, the prosecution will often rely on circumstantial evidence, such as the defendant’s behavior and statements before, during, and after the alleged burglary.

Once the prosecution has established these elements, it is up to the defendant’s attorney to raise any available defenses or challenge the prosecution’s evidence in order to create reasonable doubt. Some possible defenses to a burglary charge in California include lack of intent, mistake of fact, alibi, and entrapment.

If the prosecution is successful in securing a conviction, the defendant can face serious consequences, including imprisonment, fines, and a criminal record. The specific sentence will depend on the facts and circumstances of the case, as well as the defendant’s criminal history. An experienced criminal defense attorney can provide guidance on the best defense strategy for a particular case.

Under California Penal Code 459, burglary is defined as entering the dwelling or building of another with the intent to commit a felony or larceny therein. You need a burglary defense lawyer if you have been charged with this crime. Under California Penal Code section 459, the perpetrator must intend to commit a crime “prior to” entering the structure. Defendant’s intent may be shown if he brought burglary tools, bags, gloves, or weapons to the structure. It is not necessary that the defendant complete the crime. Burglary may be committed upon entry to the dwelling or building of another with the requisite intent.

“Residential burglary” occurs when the offender enters the dwelling of another person during day or night to commit a felony in the house. “Commercial burglary” occurs when the entry is into a store, a department store, a place of business, or someone’s office.

Is residential burglary a strike under California three strikes law?

Yes, residential burglary is considered a “serious” or “violent” felony under California law and is considered a “strike” under the state’s Three Strikes law.

Under California’s Three Strikes law, if a defendant has two prior “strike” convictions and is convicted of a third “strike” offense, they can face a sentence of 25 years to life in prison. As a result, it is extremely important for individuals charged with residential burglary to have a skilled criminal defense attorney who can help protect their rights and interests and minimize the consequences of a conviction.

What is second degree burglary in California?

Second degree burglary or commercial burglary in California is a type of burglary that is less serious than first degree burglary. Second degree burglary is defined under Penal Code 459 PC as entering a building or structure with the intent to commit theft or any other felony, but not involving an inhabited dwelling.

This means that second degree burglary can include offenses such as breaking into a commercial building, an uninhabited house, a garage, or a storage unit with the intent to steal. The penalties for second degree burglary can vary depending on the circumstances of the case, but can include imprisonment, fines, and a criminal record.

It is important to note that while second degree burglary is considered a less serious offense than first degree burglary, it is still a serious crime and can result in severe consequences if convicted. An experienced criminal defense attorney can provide guidance on the best defense strategy for a particular case.

What are the penalties for first degree burglary in California?

The penalties for first degree burglary in California can be severe, and may include:

1. Imprisonment: A conviction for first degree burglary can result in a state prison sentence of two to six years.
2. Fines: In addition to imprisonment, the defendant may also be ordered to pay fines, which can be substantial.
3. Restitution: The defendant may be ordered to pay restitution to the victim to cover the cost of any property that was damaged or stolen during the crime.
4. Criminal record: A conviction for first degree burglary will result in a criminal record, which can impact the defendant’s ability to find employment, housing, or obtain loans.

It is important to note that the specific penalties will depend on the facts and circumstances of the case, as well as the defendant’s criminal history. An experienced criminal defense attorney can provide guidance on the possible consequences of a conviction and help develop a strong defense strategy to minimize the consequences of a conviction.

What are the penalties for commercial burglary or second degree burglary in California?

The penalties for second degree burglary in California can include:

1. Imprisonment: A conviction for second degree burglary can result in a state prison sentence of up to 16 months, two years, or three years, depending on the specific circumstances of the case.
2. Fines: In addition to imprisonment, the defendant may also be ordered to pay fines.
3. Restitution: The defendant may be ordered to pay restitution to the victim to cover the cost of any property that was damaged or stolen during the crime.
4. Criminal record: A conviction for second degree burglary will result in a criminal record, which can impact the defendant’s ability to find employment, housing, or obtain loans.

It is important to note that the specific penalties will depend on the facts and circumstances of the case, as well as the defendant’s criminal history. An experienced criminal defense attorney can provide guidance on the possible consequences of a conviction and help develop a strong defense strategy to minimize the consequences of a conviction.

For a free consultation, Call 213-252-1000

Defenses to Burglary

There are several defenses that can be raised in response to a burglary charge in California, including:

1. Lack of intent: The prosecution must prove that the defendant entered the building or structure with the intent to commit theft or another felony. If the defendant can show that they did not have the required intent, they may be able to avoid a conviction.
2. Mistake of fact: If the defendant believed they had the right to enter the building or structure, they may be able to argue that they did not act with the required intent.
3. Alibi: If the defendant can show that they were elsewhere at the time of the alleged crime, they may be able to avoid a conviction.
4. Entrapment: If the defendant can show that they were induced or coerced by law enforcement into committing the crime, they may be able to raise the defense of entrapment.
5. Insufficient evidence: If the prosecution’s evidence is weak or circumstantial, the defendant’s attorney may be able to argue that there is insufficient evidence to support a conviction.

These are just a few of the many possible defenses to a burglary charge in California, and the best defense strategy will depend on the specific facts and circumstances of the case. An experienced criminal defense attorney can help identify the strongest defenses available and build a strong case on behalf of the defendant.

A common defense to burglary is “mistaken identity”.

If the burglary happened at night, or if it happened very quickly, the victim may not have had sufficient time and opportunity to observe the suspect. Therefore, a solid defense may be that the defendant was not the perpetrator of the crime. If the defendant was arrested on suspicion of burglary, he can argue that he was on the premises legally or for a legitimate reason.

Sometimes, in the line-up identifications done by the police, impermissive suggestions are made to the victim or a witness to burglary, by pointing out the defendant as a suspect. Your defense attorney may be able to set aside the improper identification as illegal. Your attorney may also be able to order fingerprints of the burglarized are to eliminate the defendant as a suspect.

Sometimes, a “civil compromise” may be reached whereby the defendant makes full “restitution” to the victim, and in exchange the prosecution agrees to drop the criminal charges. This may require that the defendant make a lump-sum payment to the victim. In more serious burglary cases, the prosecution may agree to eliminate the jail time in exchange for full payment of the loss incurred by the victim.

Is burglary considered a wobbler offense in California?

Yes, burglary in California is considered a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony, depending on the specific circumstances of the case. The prosecution has discretion to charge the offense as either a misdemeanor or a felony, and the decision will often depend on the defendant’s criminal history, the value of the property that was taken or damaged, and the presence of any aggravating circumstances.

If convicted of a misdemeanor, the defendant may face up to one year in county jail, while a conviction for a felony can result in a state prison sentence of up to 16 months, two years, or three years. An experienced criminal defense attorney can provide guidance on the possible consequences of a conviction and help develop a strong defense strategy to minimize the consequences of a conviction.

Could a burglary charge be reduced to a misdemeanor by an experienced criminal attorney?

Yes, an experienced criminal defense attorney may be able to negotiate a plea bargain with the prosecution to have the charges reduced from a felony to a misdemeanor. However, the success of such negotiations will depend on a variety of factors, including the specific circumstances of the case, the strength of the evidence against the defendant, and the policies and practices of the prosecuting agency.

In some cases, the prosecution may be willing to reduce the charges in exchange for a guilty plea, while in other cases, the defense attorney may be able to negotiate a reduction of charges in exchange for the defendant’s agreement to complete community service, pay restitution, or participate in a treatment program.

It is important to remember that a reduction in charges is not guaranteed, and that each case is unique. An experienced criminal defense attorney can provide guidance on the specific options available in a given case and help develop a strong defense strategy to minimize the consequences of a conviction.

Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.

Our goal is victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.