Burglary Defense Lawyer

Burglary is defined as unlawful entry into a home, business, vehicle or other structure with the intent to commit a crime. Burglary is prosecuted under California Penal Code Section 459 and it can be considered either a felony or a misdemeanor depending on the specifics of the incident. It is a serious charge and can carry significant consequences like probation, fines and jail time.

A charge of burglary does not require forcible entry, just the intent to commit a crime once inside a home, business, vehicle or other structure. If you have been charged with burglary, you need an experienced criminal defense attorney on your side. 

First-degree residential burglary occurs when a person enters an occupied dwelling in order to commit a crime. It is always charged as a felony in California and carries a two, four or six-year sentence in state prison. Residential burglary is one strike under California’s Three Strikes law, which would result in doubled sentencing in any future felony offenses.

Commercial burglary occurs when a person enters a business to commit a crime. It is a second-degree offense and can be charged as either a misdemeanor or a felony. If charged as a misdemeanor it could result in one year in county jail and probation. If charged as a felony it could result in from sixteen months to three years.

Someone caught shoplifting can be charged with felony burglary only when the value of the stolen goods is more than $950, since the passage of California’s Prop 47.

After charging a defendant with burglary, the prosecution will build a case against the accused. The prosecution will need to prove two things. That the defendant entered a building, residence, business, vehicle or other structure and that once inside, the defendant intended to commit a crime.

Some examples of how this could have occurred include:

• Pushing open a door that was left ajar
• Reaching into the window of a vehicle to unlock the door
• Reaching into a vehicle to take items inside
• Breaking a window to gain access to a structure
• Picking a lock

Again, a charge of burglary is not contingent on a forceful entry. Burglary is considered a crime of specific intent, which means that in addition to proving that the defendant entered the building or vehicle, it must be proven that they meant to commit a crime once inside. Even when the crime is not actually committed, if there is intent upon entering, it can be charged as burglary.

A burglary charge is a very serious criminal matter. If you have been accused of or charged with burglary, you should not attempt to handle on your own. Hiring a criminal defense lawyer will be your best chance for beating the charges against you or lessening the potential consequences.

In a criminal case it can feel as though there is no one on your side. Hiring a criminal defense attorney puts someone with experience in the complicated world of criminal law on your team. Your attorney will ensure that your rights are protected and that you are treated with respect.

There are ways to defend against a burglary charge. A defense attorney can dispute the prosecution’s case and shed reasonable doubt on your guilt. For example, potential defenses against burglary include mistaken identity, false accusations and lack of intent to commit a crime.

The evidence that supports the charges against you might not be solid. For example, when there is security camera footage of the incident it might be too unclear to definitively identify the defendant as the actual perpetrator. You might have believed that you could enter the property and act as you did.

A defense attorney will also ensure that all law enforcement agencies followed procedure throughout their handling of your case. If your rights were violated during the investigation process or at your arrest, the case against you might rightfully be dismissed.

There are times when a plea bargain is the most reasonable option in a case. A defense attorney will be able to examine the details of your case and the evidence against you and advise on what is the best possible course of action.

If you have been charged, or think you might soon be charged with burglary, contact Amicus Legal Group as soon as possible. Your initial consultation is free.

Our team will investigate your case, hire the necessary experts and interview all key witnesses. As an experienced criminal defense firm, we can analyze your situation and obtain the best possible result. Amicus Legal Group is committed to providing each client with the personal attention they deserve. Contact us today for more information by calling (888) 588-1777.