Burglary is a serious felony offense in California. First-degree burglary, which involves residential burglary, carries a maximum sentence of six years in state prison. Second-degree burglary, often involving commercial properties, can lead to either a misdemeanor with up to one year in county jail or a felony with up to three years in state prison.
Whether you or someone you know is facing a burglary charge, knowing how the law applies to your case is essential. A skilled criminal defense lawyer can help you develop the most effective defense strategy.
At Perlman & Cohen Los Angeles Criminal Lawyers, we have experience defending clients against allegations of burglary crimes.
A conviction for a felony crime can change your life forever. Do not leave anything to chance. We can help you build the strongest possible defense.
Learn more about burglary penalties below. Then, contact us to schedule a free case consultation.
Under California burglary laws, a burglary occurs when someone enters a building, room, or locked vehicle with the intent to commit theft or any felony once inside. This definition is broad and includes a range of potential scenarios. One example is breaking into a home to steal electronics. Another is entering a garage to commit assault.
The law is designed to protect people from unauthorized entry and potential harm. California Penal Code Section 459 formally outlines what constitutes a burglary in the state.
Over the years, courts have interpreted this law to include both forced entry and entry by deceit or trickery. The perpetrator doesn't need to break anything to commit burglary.
Simply entering with intent to commit theft or another felony is sufficient. Awareness of this statute is vital for anyone involved in a burglary case. The definition plays a role in potential burglary sentencing. Let our experienced defense lawyer defend you.
For a prosecutor to secure a burglary conviction, they must prove several key elements beyond a reasonable doubt.
First, evidence must be that the defendant entered a building or structure. This entry can be as minimal as reaching through an open window. Secondly, at entry, the defendant must have intended to commit theft or another felony.
This intent is a critical component and often the focus of legal defenses. Proving intent is complex, meaning every detail of the defendant's actions will be scrutinized.
For instance, if the defendant can show that they did not intend to steal or commit any felony at the time of entry, they might avoid a burglary conviction.
Legal arguments in these cases can become quite detailed. They focus on the defendant's mind and the circumstances surrounding their actions. Our goal is to minimize any potential burglary sentence you might face.
First-degree burglary, also known as residential burglary, occurs in an inhabited dwelling. This type of burglary is always charged as a felony and is considered a more serious offense due to the risk to residents.
Burglaries occurring at night are more likely to be prosecuted vigorously. This is especially true in cases involving residential properties. Nighttime burglaries heighten the potential danger to occupants. They affect how charges and penalties are assessed.
If occupants are present during the burglary, the penalties are significantly increased. First-degree burglary with occupants at home is particularly severe and can lead to longer sentences.
The use of a deadly weapon during the burglary escalates the severity of the charge. This factor can convert a second-degree burglary into a first-degree charge if the weapon threatens the safety of an occupant.
The penalties for a new burglary charge can be substantially higher for individuals with prior convictions. Repeat offenders are often subject to enhanced sentencing guidelines.
California's penalties for burglary can be severe. They reflect the state's commitment to protecting its citizens from property crimes. Convicted individuals face a range of consequences, including fines, probation, and a lengthy prison sentence.
The exact penalties often depend on whether the burglary is classified as a first or second-degree. First-degree burglary carries stiffer penalties due to its association with residential properties.
Each burglary offense is prosecuted vigorously. Let our criminal defense attorney fight for your rights. A few key points to note about penalties for burglary convictions include:
According to California Penal Code Section 461, first-degree burglary is punishable by imprisonment for two, four, or six years in state prison. This type of burglary involves entering an inhabited dwelling, such as a house, apartment, or living space.
The law imposes harsh penalties for residential burglary, which poses a direct threat to personal safety. Due to the high risks involved, a defendant can expect one of the longer sentence ranges if convicted of first-degree burglary.
Second-degree burglary, or commercial burglary, involves entering a commercial establishment intending to commit theft or any felony. Under California Penal Code Section 461, this can be charged as a misdemeanor or a felony, depending on the circumstances and the defendant's criminal history.
If punished as a misdemeanor, the maximum sentence is one year in county jail. The maximum sentence for felony second-degree burglary is three years in state prison. We aim to help you avoid the stiffest punishments for such a conviction.
Felony charges are reserved for more serious crimes, typically involving greater harm or risk to victims. Misdemeanor charges are for less severe offenses.
In terms of potential penalties, felony convictions often come with longer prison sentences, hefty fines, and more substantial long-term consequences than misdemeanors.
Lastly, convicted felons may lose certain civil rights, like voting or possessing firearms, which are not typically affected by misdemeanor convictions.
Probation may be a viable alternative to prison for some burglary offenders, particularly first-time offenders or those involved in less severe cases.
Probation allows individuals to stay in the community under specific conditions. These might include regular check-ins with a probation officer, counseling, and avoiding further legal trouble. This option focuses on rehabilitation rather than punishment.
Alternative sentencing may include community service, house arrest, or participation in treatment programs. These alternatives are designed to address the underlying issues that led to the criminal behavior, such as substance abuse or financial desperation.
Effective legal representation can be crucial in securing these less punitive options, highlighting the importance of having a competent burglary defense attorney.
If you or someone you know is facing burglary charges, you must act quickly to safeguard your rights and craft an effective defense. At Perlman & Cohen Los Angeles Criminal Lawyers, we are prepared to help you.
Our experienced criminal defense attorneys know the details of California burglary laws and are committed to fighting for the best possible outcomes for our clients. Contact us today to schedule a free consultation.