Facing burglary charges in California can be overwhelming. The penalties are severe and can drastically change your life. They range from possible prison time to heavy fines. On top of that, you could end up with a permanent criminal record. These consequences can follow you for years, affecting your future opportunities.
At Perlman & Cohen, we understand how daunting this can be. Our team of seasoned criminal defense attorneys is here to help. We will guide you through the legal process step by step. At the same time, we will protect your rights and ensure they are upheld. Most importantly, we will fight tirelessly for the best possible outcome for you.
Burglary charges in California are serious and can lead to life-altering consequences. Understanding the charges against you is the first step in building a strong defense. Burglary is defined under California Penal Code Section 459. The penalties for burglary depend on the degree of the offense. They also vary based on the circumstances of the case.
First-degree burglary usually refers to the illegal entry into a residential property. On the other hand, second-degree burglary often involves commercial buildings or other types of structures. Both charges come with serious consequences. These include the possibility of jail time and hefty fines. Additionally, they can have lasting effects on your criminal record. Knowing the specifics of your charges can help you better prepare for your defense.
Under California law, burglary is defined as entering a building or structure with the intention to commit theft or a felony. The crime of burglary doesn’t require the theft actually to occur—only the intent to commit a crime at the time of entry. This means that even if nothing is stolen, you could still face charges.
There are two main degrees of burglary: first-degree and second-degree.
For example, breaking into a home to steal valuables would likely lead to first-degree burglary charges. On the other hand, entering a store after hours to commit theft could result in second-degree burglary charges.
The difference lies in the type of property and the circumstances surrounding the crime. While both actions involve unlawful entry, the severity of the charges depends on where the crime takes place. This distinction highlights how the law categorizes burglary offenses based on specific factors.
The elements of burglary include unlawful entry and criminal intent. If the prosecution proves the necessary elements of burglary, you could be convicted. Understanding these legal definitions is essential for building a defense.
Burglary charges are frequently triggered when a person enters a property without authorization, planning to carry out a criminal act. For example, breaking into a home through an unlocked door to steal jewelry could result in first-degree burglary charges.
Likewise, breaking into a school or commercial building to take equipment might result in second-degree burglary allegations. These situations highlight how intent and actions can lead to serious legal consequences.
Intent plays a critical role in these cases. Even if you didn’t steal anything, the prosecution may argue that your actions showed criminal intent. For example, being found inside a closed business after hours with burglary tools could result in charges, even if no theft occurred.
First-degree burglary is considered a violent crime under California law, even if no violence occurs. This charge carries severe penalties, including lengthy prison sentences and hefty fines. If convicted, you could face up to six years in prison, depending on the circumstances.
Residential burglary, a type of first-degree burglary, is treated especially harshly. The penalties can include two, four, or six years in prison, along with fines and restitution to the victim. Restitution may cover the cost of stolen items or property damage.
Aggravating factors that make the situation worse, like using a deadly weapon or causing harm, can result in even more severe punishments. For example, burglaries during a state of emergency, like a wildfire or pandemic, can result in enhanced charges.
First-degree residential burglary is a serious felony with major consequences. If found guilty, you could be sentenced to prison for two, four, or six years. The exact length depends on factors like your criminal history and the specifics of the case.
In addition to prison time, you may be required to pay heavy fines and restitution. Restitution compensates the victim for their losses, such as stolen property or damage to their home. These monetary penalties can accumulate rapidly, leading to lasting difficulties.
The severity of these penalties underscores the importance of having a competent attorney on your side. A strong defense can make all the difference in reducing or dismissing charges.
Certain factors can increase the penalties for burglary. For example, using a deadly weapon or causing injury during the crime can lead to enhanced charges. These aggravating factors can turn a serious charge into one with even more severe consequences.
Burglary during a state of emergency is another example. California law imposes harsher penalties for crimes committed during crises like wildfires or pandemics. If found guilty, the individual could be sentenced to life in prison.
Understanding these potential enhancements is crucial for building a defense. An experienced attorney can guide you through these complexities and fight for a fair outcome.
Second-degree burglary involves entering a commercial property or other non-residential structure with the intent to commit a crime. While generally less severe than first-degree burglary, it still carries significant penalties.
Depending on the situation, the charges are to be filed as either a misdemeanor or a felony. Financial penalties, including fines and restitution, are also common. Restitution requirements can be particularly burdensome, as they often involve repaying the victim for their losses.
Second-degree burglary can be charged as either a misdemeanor or a felony crime. The distinction depends on factors like your criminal history and the specifics of the case.
Misdemeanor charges typically result in shorter jail sentences, up to one year in county jail. Felony charges often result in sentences of 16 months, two years, or three years in state prison. The difference between these charges underscores the importance of a strong defense.
Second-degree burglary convictions often carry financial penalties, including jail or prison time. Depending on the case, fines can range from a few hundred to several thousand dollars.
Restitution is another common requirement. This involves repaying the victim for their losses, such as stolen property or damage to their building. Calculating restitution can be complex, and the amounts can add up quickly.
Understanding these financial penalties is crucial for preparing your defense. A lawyer can help you with any legal issues you face and strive to achieve a fair and balanced solution.
Beyond the legal penalties, a burglary conviction can have long-lasting effects on your life. These collateral consequences can affect your employment, housing, and personal relationships.
For example, a burglary conviction can make passing background checks for jobs or housing challenging. Many employers and landlords are hesitant to hire or rent to individuals with a criminal record.
The social stigma of a burglary conviction can also be challenging. Rebuilding trust with family and community members can take time and effort.
A burglary conviction can create significant barriers to employment and housing. A lot of employers perform background checks, and having a criminal record can create issues when trying to obtain a new job.
Similarly, landlords often screen tenants for criminal history. A burglary conviction can make it challenging to find housing, especially in competitive markets. These challenges highlight the importance of fighting burglary charges with the help of a proficient attorney.
The social stigma of a burglary conviction can be difficult to overcome. Friends, family, and community members may view you differently, even after you’ve served your sentence.
Rebuilding trust and repairing your reputation can take time. An accomplished lawyer can assist in reducing the impact of these charges and would be in a position to put forward recommendations to lead to a brighter future.
There are several defenses available to those facing burglary charges. These include lack of intent, challenging the evidence, and negotiating plea deals.
For example, if you can show that you had no intent to commit a crime, you may be able to reduce or dismiss the charges. Similarly, challenging the evidence against you, such as unreliable witness testimony, can weaken the prosecution’s case. Plea deals and alternative resolutions like diversion programs can also help reduce the severity of the charges.
One of the strongest defenses against burglary charges is lack of intent. If you can show that you had no intention of committing a crime at the time of entry, the charges may be reduced or dismissed.
For example, if you entered a building under false pretenses or with permission, you may be able to argue that you lacked criminal intent.
Another effective defense strategy is challenging the evidence against you. This can include disputing surveillance footage, challenging witness testimony, and arguing that the evidence obtained is illegal.
A reliable attorney can help you identify weaknesses in the prosecution’s case and build a strong defense.
Plea deals and alternative resolutions can help reduce the repercussions of burglary charges. For example, charges may be reduced to trespassing or petty theft, which carry lighter penalties.
Diversion programs are another option, especially for first-time offenders. These programs allow you to avoid a criminal record by completing community service or other requirements.
Facing burglary charges can feel overwhelming, but you don’t have to face them alone. At Perlman & Cohen, our capable criminal defense attorneys are here to stand by your side. We recognize the pressure and doubt that accompany criminal charges, and we are dedicated to supporting you at every stage of the legal journey.
With decades of experience defending burglary cases in Los Angeles, our team knows the ins and outs of California’s burglary laws. Whether you’re dealing with a burglary offense involving unauthorized entry into a building or allegations of possessing burglary tools, we have the legal experience to protect your rights and future. We aim to reduce the possible penalties you might face and strive for the most favorable outcome for your case.
Our attorneys boast a strong history of success in tackling burglary cases. We’ve represented clients dealing with charges ranging from third-degree burglary to severe felony offenses. With a deep understanding of the legal system’s intricacies, we’re committed to advocating fiercely for your freedom.
For example, if you’re accused of a crime against property, such as entering a building without permission, we can challenge the evidence against you. Whether it’s circumstantial evidence or a lack of proof, we’ll explore every defense option to build a strong case. Our wealth of experience allows us to anticipate the prosecution’s strategies and counter them effectively.
At Perlman & Cohen, we believe every case is unique. That’s why we tailor our defense strategies to fit your specific situation. Whether you’re facing charges for commercial burglary or an alleged burglary involving an unoccupied dwelling, we’ll craft a defense that addresses the details of your case.
We also understand the emotional toll criminal charges can take. That’s why we provide compassionate and aggressive representation. Our team will ensure your voice is heard and fight to protect your future. From challenging the intent element of the charge to negotiating alternative sentencing options, we’ll explore every avenue to achieve the best result.
A burglary conviction can lead to serious consequences, including months or even years in prison, hefty fines, and a permanent criminal record. Our goal is to minimize the implications of these charges on your life. We work tirelessly to reduce or dismiss charges, helping you avoid the harsher penalties that come with a felony conviction.
For instance, if you’re accused of burglary, we’ll examine the evidence, such as whether there was a threat of violence or the use of a dangerous instrument. We’ll also explore whether law enforcement followed proper procedures during your arrest. By building a robust defense, we aim to secure an acquittal or reduce the charges to a lesser offense, such as petty theft.
If you are facing burglary charges in Los Angeles, don't wait to seek legal help. At Perlman & Cohen, we are here to provide the support and guidance you need to navigate the legal process and protect your future.
Contact us today for a free case consultation. We will review your case, answer your questions, and guide you to the best course of action. Our experienced criminal defense attorneys are here to help you every step of the way.
Our attorneys have a strong history of success in burglary cases. We’ve represented clients charged with charges ranging from third-degree burglary to severe felony offenses. With a deep understanding of the legal system’s intricacies, we’re committed to fiercely advocating for your freedom.
