Burglary Charges

What Is Considered Burglary In California?

Under California Penal Code Section 459, burglary is defined simply as the entering of the property of another with the intent to commit theft or any other felony. As long as the intent to commit a crime can be proved, it does not matter whether you use force or destroy property (the “breaking” part of breaking and entering) in order to enter the property illegally.

What Is Considered A Felony Versus A Misdemeanor Burglary Charge?

In California, burglary can be either of the first or second degree depending on the circumstances and the type of building involved. Per California Penal Code Section 460, entering the home of another (defined as any dwelling that is intended for habitation, including houses, rooms, apartments, trailers, etc.) with the required intent to commit theft is first-degree burglary and is considered a “strike” under California’s Three Strikes Law if you are convicted (and unfortunately, strikes are very hard to have removed from your record). Entering into all other property belonging to another with the required intent is considered second-degree burglary. Second-degree burglary is commonly referred to as “commercial burglary.” Both first and second degree burglaries are considered felonies, but only second degree can be filed as, or reduced to, a misdemeanor if the circumstances are right. In residential burglary cases, you will always be charged with a felony.

What Are The Consequences Of Being Convicted On A Burglary Charge?

The sentence you will receive for a burglary conviction in California, including here in Orange County, depends on the facts surrounding your case and your criminal history. Residential burglary will generally be treated much more severely than will commercial burglary (which can still carry a sentence of up to one year in county jail and hefty fines even if reduced to a misdemeanor), but again, this will depend on the facts of each case. Burglary charges are most commonly filed in association with theft charges but also are filed in conjunction with sex crimes, homicide, assault and battery, and other felonies based on the defendant’s actions during the committing of the crime. Depending on the underlying crime, a burglary charge can carry “sentencing enhancements”, which can add anywhere from one year to life to the sentencing range. Your prior criminal history (including shop lifting offenses) will also affect the sentence in your case. Typically, people convicted of first-time burglary in the first degree receive between two and six years in state prison, while three-time offenders could face 25 years to life (see California’s Three Strikes Law).

Can A Burglary Charge Be Successfully Defended In Orange, Ca?

The crucial element for any defense to a burglary charge is whether the accused person had the required intent to commit the underlying crime at the time he or she entered the home or business. Frequently, the prosecution must rely on circumstantial evidence to prove this intent in order to secure a conviction. Circumstantial evidence is, however, subject to reasonable interpretation.

Prosecutors often rely on the presence of burglary tools, like crowbars or pliers, or the defendant wearing dark clothing at the time of the crime to prove intent. In the absence of hard evidence, prosecutors might reference video footage or witness testimony. Burglaries that don’t involve forced entry or physical aggression toward witnesses can often make it difficult for prosecutors to prove intent in court. By challenging the prosecution’s presentation of intent, a good defense attorney can get reduced charges or even secure a case dismissal or acquittal at a jury trial.

In addition to lack of intent, other defenses include a mistaken identity or a mistaken belief that you were returning property or had consent to be inside the structure.

Attorney Edward Flores Has Defended Hundreds Of Burglary Charges

If you or a loved one are charged with or arrested for burglary, you must seek legal counsel immediately. Many defendants plead guilty without having a full understanding of their rights under the law and the Constitution, adding years in jail or prison time and hefty fines to their sentence, not to mention the societal stigma that comes with a burglary conviction. A burglary conviction could have devastating and long-lasting consequences in both your personal and professional life. An experienced burglary charges attorney can advise you on the best legal strategy for your situation.

Orange County burglary charges attorney Edward Flores has handled hundreds of burglary cases over his career, both as a prosecutor and as a criminal law attorney. He has won trials in many burglary cases and knows all aspects of burglary defense, in addition to having key legal contacts here in Orange, CA. In instances where Mr. Flores cannot have the case dismissed, he works to significantly reduce the charges and, therefore, the negative impact on your life and on your loved ones.

Mr. Flores, a former Orange County Senior Deputy District Attorney, handles burglary cases throughout Southern California and Orange County, including the cities of Orange, Santa Ana, Newport Beach, Costa Mesa, and Irvine, as well as all of South Orange County. If you or a loved one needs help defending a burglary charge in or around Orange, CA, contact our law office today.