A burglary arrest can be overwhelming. It’s crucial to stay calm and know your rights. Burglary charges often involve allegations of unlawful entry with the intent to commit a crime inside. Your actions after an arrest can significantly impact your case.
Perlman & Cohen Los Angeles Criminal Lawyers help clients defend against burglary charges. Our team works to understand the alleged offense and build a strong defense strategy. Whether you’re facing accusations of first-degree burglary or second-degree burglary, we are here to protect your rights and guide you through the legal system. Knowing how to respond can make all the difference in your burglary case.
Burglary is a serious felony offense under criminal law. It involves unlawful entry into a structure or property with the intent to commit a crime inside. The crime does not need to be completed for the charge to apply. The key factor is the criminal intent at the time of entry.
For example, entering a home or business with the intent to commit theft or another illegal act is considered burglary. It differs from trespassing because burglary requires intent to engage in an additional crime. The prosecution's narrative will focus on proving this intent during the case.
Burglary charges are taken seriously because they involve a violation of someone’s property and safety. A conviction can result in severe penalties, including prison time and fines. Awareness of the details of your charge is essential to building a robust defense. Speak to a lawyer to evaluate your burglary case.
Burglary charges are categorized based on the type of property involved and the circumstances of the alleged crime. The severity of the charge influences the penalties if convicted. Understanding the type of burglary you are accused of can help you prepare your defense.
Some of the main types of burglary charges and what they mean for your burglary case are:
First-degree burglary is the most serious type of burglary charge. It involves unlawful entry into an inhabited dwelling, such as a home or apartment, with the intent to commit a crime. Because it targets someone’s residence, this is considered a felony offense and carries harsh penalties.
The prosecution's narrative must prove several elements for a conviction. These include that the property was occupied or meant for occupancy and that the defendant intended to commit theft or another illegal act upon entry. Even if no crime was committed, the charge applies if criminal intent was present.
Penalties for first-degree burglary often include prison time, hefty fines, and a permanent criminal record. If convicted under California Penal Code 460, you could face either two, four, or six years in California state prison and a fine of up to $10,000. Defenses, such as mistaken identity or lack of intent, can be effective if supported by evidence. Working with a competent attorney is essential to building a robust defense and creating reasonable doubt in your case.
Second-degree burglary involves unlawful entry into a non-residential building, such as a business, storage unit, or vehicle, with the intent to commit a crime inside. Unlike first-degree burglary, this charge does not require the property to be inhabited. However, it is still treated as a serious offense under criminal law.
To secure a conviction, the prosecution must prove the defendant entered the property without permission and intended to commit theft or another illegal act. This charge applies whether or not the crime was completed. Evidence like possession of stolen property or tools used to break in may support the alleged offense.
Penalties for second-degree burglary vary depending on the case details and whether it is charged as a misdemeanor or felony. Consequences can include jail time, fines, or probation. If convicted of a misdemeanor, you could face up to a year in county jail. If convicted of a felony under California Penal Code 459, you could face up to 16 months, 2 years, or three years in state prison. Building a defense strategy, such as challenging evidence or proving a lack of intent, is critical to protecting your future.
Being arrested for burglary can be stressful, but how you respond is essential. Your actions can greatly affect your burglary case. Staying calm and protecting your rights should be your top priorities.
A few steps you should take to safeguard your defense and navigate the legal system effectively include:
When you are arrested for burglary, the police officer may ask you questions about the alleged crime. Also, know you have the right to remain silent. Anything you say can be used as evidence against you in court. Even seemingly harmless comments can strengthen the prosecution's narrative.
To protect yourself, politely tell the officer that you will not answer questions without your lawyer present. Do not try to explain the situation, make excuses, or argue. Remaining silent is your legal right and one of the best ways to avoid unintentionally damaging your defense.
This silence gives your attorney the ability to assess your situation and respond effectively during police questioning. Your lawyer can use this time to plan a robust defense and prevent unnecessary complications in your burglary case. Always remember that staying silent protects your rights and ensures a stronger defense later.
During an arrest, the police officer will ask for your basic information, such as your name and contact details. You should provide this information as required by law. However, do not share anything beyond what is necessary. Details about the alleged offense or circumstances surrounding it should not be discussed.
Providing only your contact details helps protect your rights. Any extra information could be misinterpreted or used against you. Statements made during an arrest are often included in police reports and may strengthen the prosecution's narrative in court.
If pressured to provide more details, remain calm and repeat that you will not speak without your lawyer present. Limiting what you say allows your attorney to review the situation and determine the best defense strategy for your burglary case. Staying cautious during this phase is key to building a strong defense.
Hiring an attorney immediately after your arrest is critical. A skilled lawyer is familiar with criminal law and can handle a burglary case effectively. They will begin by protecting your rights and advising you on how to respond to law enforcement.
A seasoned lawyer can prevent you from saying anything that could harm your case during police questioning. They will review the details of the arrest and evidence to identify weaknesses in the prosecution's narrative. This is essential for creating a robust defense.
Your attorney will also explore possible defense strategies, such as proving a lack of criminal intent or challenging the evidence presented by the prosecution. Retaining legal help early on gives you the best chance of reducing charges or even having the case dismissed. Immediate legal representation is a vital step in protecting your future.
Starting the legal process as soon as possible is critical in burglary. Once you hire a lawyer, they will act quickly to analyze the evidence, review the charges, and build a defense strategy. Acting early gives your attorney the opportunity to identify weaknesses in the prosecution’s case.
This includes challenging evidence such as the claim of unlawful entry or the alleged presence of criminal intent. They will also gather witness statements, review police reports, and explore any possibility of mistaken identity. By addressing these aspects early, your lawyer can create reasonable doubt about your involvement.
The faster the legal process begins, the better your chances of achieving a positive outcome. Delaying can give the prosecution more time to strengthen their case. Starting the process immediately helps protect your rights and ensures you are fully prepared to face the legal system.
The penalties for burglary can be severe, as it is considered a felony offense in most cases. The specific consequences depend on the type of burglary, the circumstances of the alleged crime, and the defendant’s prior criminal history.
For first-degree burglary, which involves entering an inhabited dwelling with criminal intent, penalties often include prison sentences ranging from 2 to 6 years, along with significant fines. For second-degree burglary involving non-residential structures, penalties may include jail time of up to 1 year for misdemeanors or longer sentences for felonies.
Additional consequences can include probation, restitution payments to victims for stolen property, and a permanent criminal record. This record can impact future employment opportunities and housing options. The penalties highlight the importance of having a strong defense strategy to challenge the charges and reduce potential consequences.
Burglary involves unlawful entry into a structure or property with the intent to commit a crime. The crime does not need to be completed for the charge to apply.
First-degree burglary involves entering an inhabited dwelling, while second-degree burglary involves non-residential buildings, such as businesses or vehicles.
Yes. With a strong defense strategy, charges can sometimes be reduced to trespassing or dismissed entirely, especially if there is reasonable doubt about intent or identity.
Common defenses include lack of criminal intent, mistaken identity, or challenging evidence like faulty witness accounts or procedural errors.
Yes. An experienced attorney can protect your rights, challenge the evidence, and build a robust defense to improve your outcome.
If you are arrested for burglary, speaking with a lawyer is one of the most important steps you can take. A criminal defense lawyer can help you get through the process. They will work to protect your rights and ensure fair treatment.
Your lawyer will review your case, identify weaknesses in the prosecution’s evidence, and develop a tailored defense strategy. They may argue a lack of criminal intent, mistaken identity, or procedural errors. Having legal representation can also help reduce charges or penalties, such as avoiding a burglary conviction or lengthy jail time.
With the stakes so high, trying to handle a burglary charge alone can be risky. A qualified lawyer ensures your case is handled professionally, giving you the best chance for a positive outcome.
Facing burglary charges can be overwhelming, but you don’t have to handle it alone. Perlman & Cohen Los Angeles Criminal Lawyers understand the complexities of burglary cases, including third-degree burglary and any related charges such as resisting arrest. Our team is dedicated to protecting your rights and ensuring you receive a fair defense.
We offer a free consultation to discuss the details of your case. During this session, we’ll review the charges, evaluate the evidence, and explain your legal options. Whether you’re dealing with allegations of first-degree burglary or a less severe charge, having experienced legal representation is critical.
Don’t let a burglary charge define your future. Our attorneys are here to help you build a strong defense and pursue the best possible outcome. Contact us today to schedule your consultation and take the first step toward protecting your rights and freedom.
