Being charged with burglary in Los Angeles can be an overwhelming and life-altering experience. The stigma of being labeled a "burglar" carries significant legal, social, and personal consequences. But not all burglary charges are as straightforward as they may appear. California’s burglary laws are broad and complex, often misunderstood by the general public and, at times, even by those facing charges themselves.
This comprehensive article breaks down what constitutes burglary under California law, the different degrees of burglary, the potential consequences, and—most importantly—how the experienced criminal defense attorneys at Perlman & Cohen can help defend you and protect your future.
Under California Penal Code Section 459, burglary is defined as entering a structure with the intent to commit grand or petty theft or any felony. It is important to note that actual theft or the commission of a felony does not need to occur; the intent to commit one upon entering is sufficient to qualify as burglary.
Burglary is generally divided into two degrees:
This involves entering an inhabited dwelling—such as a house, apartment, or even a hotel room—where people live or are temporarily residing.
This involves entering a commercial structure, such as a store, business, or warehouse, typically outside of business hours or with fraudulent intent.
To secure a conviction for burglary, prosecutors must prove the following beyond a reasonable doubt:
Note: Intent must exist before or at the time of entry—not afterward. This distinction is often central to defense strategies.
Certain factors can enhance the severity of burglary charges, including:
These enhancements can lead to longer prison sentences and additional penalties.
At Perlman & Cohen, we believe that every client deserves a tailored and robust defense. Our attorneys explore all possible avenues to either have charges reduced or dismissed entirely. Common defenses include:
If you entered a building or structure without the intent to commit theft or another felony, it may not legally qualify as burglary.
Witness misidentification and poor-quality surveillance footage can result in wrongful arrests. We thoroughly investigate the circumstances to ensure the right person is being prosecuted.
If you had permission to enter the property or believed in good faith that you did, this could negate the element of unlawful entry.
The prosecution must prove intent and entry beyond a reasonable doubt. Weak evidence or conflicting witness statements may lead to a reduction or dismissal of charges.
If your rights were violated during a police search or arrest, we can file motions to suppress evidence obtained unlawfully.
Our firm brings extensive experience, local knowledge, and proven strategies to every burglary case. Here’s why clients facing burglary charges in Los Angeles choose us:
We independently investigate the facts, gather witness statements, examine police procedures, and analyze video footage or forensic evidence. We don’t take the prosecution’s case at face value—we dig deeper.
Every case is different. We tailor your defense strategy based on your unique circumstances, whether that means asserting your innocence, negotiating for reduced charges, or advocating for diversion or alternative sentencing.
In many cases, we work to resolve the issue before formal charges are even filed. Our proactive communication with prosecutors often leads to reduced charges or dropped cases based on weak evidence or mitigating circumstances.
If going to trial isn’t in your best interest, we fight for resolutions that protect your record and freedom. This may include enrolling in theft education classes, community service, or mental health and substance abuse programs in exchange for reduced charges.
If your case goes to trial, you can count on our courtroom expertise and strategic advocacy. Our attorneys are respected litigators with a strong track record of success in LA courtrooms.
A burglary conviction can have long-term consequences, including:
That’s why immediate action is critical. The earlier we get involved, the more opportunities we have to protect your rights and secure the best possible outcome.
If you or a loved one has been charged with burglary in Los Angeles, don’t leave your future to chance. The attorneys at Perlman & Cohen are committed to delivering top-tier legal representation with skill, empathy, and determination.
Our experienced team knows how to navigate California’s criminal justice system and has the track record to prove it. We fight to minimize or eliminate the impact of a burglary charge on your life.
Contact us today for a confidential consultation. Let us stand by your side and fight for your rights every step of the way.
Your freedom, your future, and your reputation are worth protecting—trust Perlman & Cohen to help you do exactly that.
