How Does California Law Define Burglary?
Under California Penal Code Section 459, burglary is an unlawful entry into a residence or other building intending to commit petit, grand larceny, or any other felony offense. In California, there are two types of burglary: first-degree and second-degree. First-degree burglary occurs when a criminal defendant is accused of illegally entering a residential building like a home or apartment. Second-degree burglary relates to crimes involving the accused in a burglary of a commercial building or other structure.
It’s important to understand that unlawful entry into a structure does not have to be accomplished by force, the threat of violence, or any act of destruction. The entrance must have been accomplished to commit a felony or any other crime that could be considered a felony.
If you have been charged with burglary, it is essential that you retain professional legal representation from experienced criminal defense attorneys. Our California law firm has extensive experience representing clients in various criminal defense matters, including those accused of burglary offenses. Please schedule your free initial consultation with our legal team today to learn more about our legal services and how we may assist you.
What is the Difference Between Robbery and Burglary?
There is much confusion among California residents about the difference between robbery and burglary. In California, burglary involves illegal entry into a residence or building with the intent to commit theft or a felony offense. Robbery, on the other hand, involves directly committing a crime against another person, usually with the threat or use of violence.
Essentially, if you take property from another person by force, this will be considered robbery. If you enter a structure intending to commit a crime, this is burglary.
Is Burglary a Felony or a Misdemeanor in CA?
In California, burglary is considered a ‘wobbler’ offense. This means that, depending on the circumstances of the crime, the offense may be charged as either a felony or a misdemeanor.
First-degree burglary charges usually relate to residential burglary and involve entering an inhabited structure such as a home or apartment (even if the structure is not currently occupied). Burglary of a residential building is considered a felony, and those convicted of first-degree burglary may face up to six years in prison. Suppose the occupants of the property were present at the time of the criminal offense. In that case, prosecutors may pursue charges of violent felony crimes, which can result in harsher consequences.
What Are Examples of Burglary in CA?
It is normal to be confused about what qualifies as burglary and what qualifies as a different type of criminal offense in California.
The following are examples of burglary scenarios in California:
- Breaking into a piece of property and attempting to open a vault or safe
- Commercial burglary of a building used for commercial purposes, including petty theft
- Entering an unlocked home with the intent of harming the homeowners
- Purposely kicking in the door of a home or apartment and stealing valuables
- Unlawfully entering a railroad car to take goods
While California law typically refers to houses, apartments, warehouses, shops, stores, and commercial buildings when committing crimes considered burglary, the Penal Code also includes barns, railroad cars, camper trailers, aircraft, tents, shipping containers, and outhouses.
Offenses related to burglary include larceny, trespassing, grand theft, robbery, and the possession of burglary tools.
Do You Need the Legal Representation of Orange County Criminal Defense Attorneys?
If you’ve been charged with a criminal offense in California, it is essential that you retain professional legal counsel from a criminal lawyer as soon as possible.
Criminal attorneys can provide immediate legal assistance, helping defend your rights and build a strong legal defense case opposing the charges against you.
Your attorneys will act quickly to preserve evidence critical to your defense that could otherwise be neglected or destroyed.
Criminal defendants must not self-incriminate themselves. Legal counsel will ensure you never say anything you should not have.
Our legal team will help you navigate the complexities of the California legal system, plan defense strategies, enter plea or release negotiations, and assist you through every step of the process.
What Are Different Defense Strategies for Those Accused of Burglary?
If you have been charged with a crime, you do not need to merely accept your fate and resign yourself to a lengthy prison sentence. Legal options exist for everyone accused of criminal offenses, including the right to legal representation. As your legal representatives, our lawyers will work to create a legal defense that suits your unique needs and the needs of your case.
Potential legal defenses for burglary in California include the following:
- Alibi
- Chain of custody issues with evidence
- Consent of the property owner
- Factual innocence
- Illegal search and seizure
- Insanity
- Lack of criminal intent
- Miranda rights violations
- Mistake of fact
- Mistaken identity
- Ownership defense
- Police misconduct and entrapment
- Questionable witness credibility
- The crime was committed under duress or coercion
- The defendant did not enter the building they are accused of burgling
- The defendant took items they believed were theirs
- Weak or circumstantial evidence
Suppose you have a previous conviction for a felony burglary offense. In that case, whether commercial or residential, you may face an extra year in state prison for each additional felony charge. If this was your first criminal offense and you have no prior record, your attorneys will fight for more lenient sentencing, potentially reaching a plea bargain with the prosecution.
The legal defense strategies will be based on the unique facts of your criminal case. However, if you have no criminal history, this can only benefit your case. When you schedule your free initial consultation with our legal staff, be sure to mention that you have no criminal history, and we will use that when building a defense strategy to protect your interests.
Schedule a Free Consultation with Experienced Criminal Defense Lawyers in California
Burglary is a serious charge that can result in severe consequences for the defendant, especially if additional criminal charges were added to the burglary offense. If you or someone you love has been charged with burglary in California, it is imperative that you retain professional legal counsel to address these charges. Do not proceed without legal representation. This is your freedom that’s on the line.
Our California law firm has extensive experience representing clients in burglary cases in Orange County. To learn more about our legal services and how we may provide valuable guidance while defending your case, please schedule a free, no-obligation case evaluation with our legal team today.
You may contact our law office at 714-294-0599
