Burglaries are classified into different degrees based on the crime’s severity. First-degree burglary is the most serious, typically involving break-ins of homes or residences. Second-degree burglary usually involves commercial properties, like businesses or offices.
Third-degree and fourth-degree burglary exist in some states, but California does not have this classification. Knowing these differences is vital if you're charged with burglary offenses. A burglary charge can result in hefty penalties, including prison time. Working with a lawyer is vital to defending your rights.
At Perlman & Cohen, our experienced legal team comprehends the seriousness of burglary charges. We are committed to providing strong defense strategies for each unique case. With our help, you can fight for your rights and seek the best possible outcome in court.
First-degree burglary is the most serious form of burglary in California. It involves entering someone’s residence, like a house or apartment, intending to commit theft or another felony. This crime is considered a violent felony, even if no one is injured.
First-degree burglary is also called "residential burglary." A conviction could lead to harsh penalties, including long prison sentences. Seek legal help if you're facing this charge.
Certain factors can raise a burglary charge to first-degree burglary. For example, entering a residence while the occupants are present can be one factor. Another element could involve using a weapon during the burglary, which makes the crime more dangerous.
Prior criminal records or a history of burglary can also lead to harsher charges. Aggravating factors make the crime more severe in the eyes of the law, so the penalties for first-degree burglary are much higher.
First-degree burglary is a serious felony offense in California. Depending on the case's specifics, a conviction can lead to two, four, or six years in state prison. The penalties can be even more severe if aggravating factors are present. Using a deadly weapon at the scene of the crime is one of the most common aggravating factors.
A person convicted may face large fines in addition to prison time. The severity of the crime makes it vital for individuals to seek legal assistance. Having an experienced lawyer can greatly affect the outcome.
Second-degree burglary typically involves breaking into commercial properties. Unlike first-degree burglary, second-degree burglary is considered less severe since it doesn't involve residences. With the intent to steal or commit another crime, commercial burglary can involve:
Though not as serious as first-degree burglary, second-degree burglary is still a felony in many cases. Individuals facing this charge could face prison time, fines, and a criminal record that may affect their future opportunities.
The key difference between the two is the type of property involved. First-degree burglary refers to residential burglary, which is more severe because it may harm residents. In contrast, second-degree burglary involves non-residential properties like businesses or vehicles.
The distinction between the two can also affect the severity of the punishment. In California, a prison sentence for burglary depends on the severity of the charge. First-degree burglary is considered a felony punishable by up to six years in a California state prison.
The penalties for second-degree burglary can vary but may still include time in a state prison if it's charged as a felony. These serious offenses can lead to long-term consequences, including time behind bars.
Second-degree burglary is less severe than first-degree burglary but still carries significant penalties. The case's specifics determine whether a second-degree burglary conviction will result in a misdemeanor or felony charge.
Misdemeanors can lead to jail time of up to one year, while felonies can result in longer prison sentences. Fines and restitution to the victim may be required. A criminal record from a burglary conviction can also have long-term effects on employment and housing opportunities.
California law does not use the term "third-degree burglary." The state categorizes burglary offenses as either first-degree or second-degree based on the type of property. In some states, third-degree burglary refers to less severe forms of burglary.
However, California's legal system maintains a simpler classification between residential and non-residential burglaries. Understanding these distinctions is essential for anyone facing burglary charges in California.
A strong legal defense is essential when facing burglary charges. Common defenses include proving a lack of intent to commit a crime upon entry. Other defenses challenge the evidence presented by the prosecution.
In many burglary cases, intent plays a key role in proving guilt. To defend against burglary charges, your lawyer may contend that there was no intent to commit a crime upon entering the property. The prosecution's case weakens without clear evidence of intent, such as carrying tools for theft.
This lack of intent can create reasonable doubt, which is essential for a strong defense. Demonstrating that the defendant entered the property by mistake can be an effective defense strategy.
A burglary conviction typically requires proof of unlawful entry. A defense lawyer can challenge the evidence by questioning whether the entry was forced or unauthorized. Sometimes, it’s unclear if the defendant had permission to enter the property, making it harder to prove unlawful entry.
In addition, evidence like security footage or witness testimony might not be reliable. Challenging these pieces of evidence can cast doubt on the prosecution’s case. If the breaking and entering can’t be proven, it could lead to a dismissal or reduced charges. This is a common defense in theft cases.
In some burglary cases, it’s possible to negotiate for lesser charges, especially if the defendant has no prior record. For example, a lawyer may negotiate to reduce first-degree burglary to second-degree burglary. Lesser charges typically carry reduced penalties, such as shorter prison sentences or fines.
Plea bargaining can be another way to avoid the harshest consequences of a burglary conviction. This approach is often considered when the evidence against the defendant is strong, but mitigating circumstances exist.
Our California burglary lawyer provides comprehensive legal support for clients facing burglary charges. We build a defense tailored to your specific case. We will defend you against first-degree burglary and second-degree burglary charges.
We focus on creating reasonable doubt around key elements of the prosecution's case, including intent and whether entry was unauthorized. Our legal team at Perlman & Cohen is committed to protecting your rights. Even challenging the evidence or negotiating for reduced charges. We also consider your prior criminal record, if applicable, to help mitigate potential penalties.
Contact our experienced legal team at Perlman & Cohen if you are facing burglary charges. We offer a free case consultation to help you know your legal options. Our attorneys will evaluate every detail of your case, whether first-degree burglary or a lesser offense.
We are dedicated to protecting your rights and providing strong representation. With years of experience in California criminal law, we fight for the best possible outcome in every case.
