When someone is charged with burglary, he or she may also be charged with several other offenses. In California, burglary is categorized into degrees – all of which can be penalized by state prison time. If you have been charged with burglary, then it is critical to contact an experienced Orange County burglary lawyer to represent your interests.
California burglary laws can be complex and typically important issues are overlooked by those who lack the experience in handling serious cases. We provide effective and immediate representation to those standing accused of burglary. Our attorneys understand the serious nature of the offense and are prepared to explore every avenue to have the charge dropped or reduced.
Overview of the Crime of Burglary in California
Burglary is defined under penal code 459 pc making it unlawful to enter a structure harboring the intent to commit a felony or theft crime therein. There are different meanings for the term structure that plays a pivotal role in the appropriate degree and punishment. California law categorizes burglary into separate degrees depending on the type of structure entered by someone.
Residential Burglary
Residential burglary is also known as “first-degree burglary” occurs when a person enters or attempts to enter a residential structure. A residential structure is a place of habitation such as home, apartment, tent, or motorhome. It’s categorized as a serious felony applied to California’s Three Strike Laws. Consequently, residential burglary is punishable by 2, 4, or 6 years in state prison. However, residential burglary could transition into a violent felony if someone was present inside the home when the burglary was committed.
Commercial Burglary
Commercial burglary is a burglary in the second degree and it’s a crime against commercial establishments such as stores, bars, or other businesses. With virtually the same elements as residential burglary, commercial burglary is a wobbler allowing the prosecutor to file misdemeanor or felony charges. Commercial burglary is punishable in the county jail for not more than one year as a misdemeanor, whereas a felony carries a sentencing range of 16 months, 2, or 3 years in the county jail.
Auto Burglary
An auto burglary occurs when someone enters or attempts to enter a vehicle. This charge requires that the vehicle be locked prior to gaining entry. Examples include breaking the window or picking the door lock to gain entry. There’s no requirement that anything is stolen but only that a person had the intent to steal or commit a felony. Like commercial burglary, auto burglary is a wobbler punishable as a misdemeanor by up to one year in the county jail or 16 months, 2, or 3 years in the county jail as a felony.
What are the Legal Defenses to Burglary?
If you’ve been charged with burglary, then securing the representation of an experienced burglary defense attorney in Orange County as early as possible is crucial to prepare your defense. An effective investigation includes subpoenaing officers or businesses for video footage capturing the incident, interviewing witnesses, and photographing all bruises or markings on your body. Typically defenses to burglary charges include:
- Lack of Intent to Commit a Theft or Felony
- Falsely Accused by Mistaken Identification
- Bona Fide Claim of Right to the Property
- Consent from the Owner of the Property or Residence
Contact a Top Orange County Burglary Lawyer
Our office has extensive experience representing clients who have been charged with burglary, theft, or other related crimes. Contact us today to schedule a free confidential consultation with an Orange County criminal lawyer. There’s no question that early intervention could mean the difference between serving a jail sentence or having the case rejected altogether.
Related Charges
- Robbery – Penal Code 211 PC
- Grand Theft – Penal Code 487 PC
- Petty Theft – Penal Code 484(a) PC
- Shoplifting – Penal Code 459.5 PC
