California burglary laws are complex and a conviction can result in a felony conviction, a so-called “Strike” under the California Three Strikes” Law, a state prison sentence and a permanent criminal record. The criminal defense lawyers at Rodriguez, Lewis & Kahn have extensive experience in successfully defending individuals accused of burglary and other theft crimes. Contact us for a free consultation at (213) 223-2173 to discuss your legal options.

CALIFORNIA BURGLARY LAW

In California, Burglary (often referred to as “breaking and entering”) is defined under California Penal Code Section 459, which prohibits entering any house, room, apartment, tenement, building, shop, warehouse, store, mill, barn, stable, outhouse, tent, vessel, houseboat, railroad car, locked cargo container, mobile home, inhabited camper, locked vehicle, aircraft or mine with the intention of stealing something or committing some other felony.

FIRST DEGREE BURGLARY & SECOND DEGREE BURGLARY

First Degree Burglary is typically charged when the defendant has entered a residence or inhabited dwelling with the intent to steal or commit some felony therein. It is commonly referred to as “residential burglary” or “res burg.” First Degree burglary is always a felony and a “Strike” under the California Three Strikes Law. All other burglaries (such as auto or commercial/business burglaries) are Second Degree Burglaries. Second Degree Burglary is considered a “wobbler” meaning it can be charged as a misdemeanor or felony. Shoplifters are often charged with Second Degree Burglary (also referred to as “commercial burglary”) when they are caught with a scissors or some other implement that can be used to remove price tags. Although second degree burglary is generally charged as a misdemeanor, certain circumstances can elevate it to a felony. In deciding whether to file the second degree burglary case as a felony, prosecutors usually consider the offender’s criminal record and the circumstances surrounding the alleged offense. In either type of burglary, the theft or other felony does not have to be committed nor does there have to be forced entry; the prosecution only has to prove that entry was made with the intent to commit the theft or felony.

PENALTIES AND PUNISHMENT

First Degree Burglary is punishable by 2, 4 or 6 years in a state prison and a maximum fine of $10,000. First Degree Burglary is a “Strike” under California’s “Three Strikes and You’re Out” Law. This means your sentence will be doubled if you commit any other felony (including non-violent crimes like minor drug offenses and felony petty theft) in the future. Second Degree Burglary is punished by fines and/or incarceration in county jail or state prison depending on how it was filed. If charged as a misdemeanor, the maximum sentence is a year in county jail and/or a fine up to $1,000. The maximum sentence for felony second degree burglary is 3 years in state prison and a maximum fine of $10,000. Second Degree Burglary is not a “Strike.”

BURGLARY DEFENSES

In California, burglary penalties can be significant, however, there are various defenses that a seasoned criminal defense lawyer can use to get burglary charges reduced to lesser offenses or dismissed all-together. For example:

• Lack of Intent: if a prosecutor has no evidence that you intended to steal something or commit some other felony when you entered the residence or vehicle, (e.g., if the theft was not completed, and/or you had no burglary tools on you when you were arrested), it can be very difficult to prove the burglary charge.
• Permission to be on the property: if the owner invited you to be on the property for a legitimate purpose in the past and your fingerprints were found at the scene of the burglary, or if you in fact owned the property and took something you believe belonged to you, the defense may be able to use these facts to your advantage.
• Mistaken identity: if you look like the burglar or have a similar name, you may be able to prove your innocence with a strong, believable alibi and/or home or store surveillance videos showing that you were not at the scene of the crime.

If a dismissal of your charges is not feasible, in most circumstances an experienced burglary criminal defense attorney may be able to convince the prosecution to agree to settle your case for a lesser offense and possibly keep you from serving any time in jail or prison. If we cannot get the prosecutor to offer something fair, though, we are not afraid to take the case to trial to obtain a “not guilty” verdict.

LOS ANGELES BURGLARY LAWYERS

Being charged with burglary is serious business in California. The criminal defense attorneys at Rodriguez, Lewis & Kahn have considerable experience (over 70 years combined) in defending individuals accused of California crimes including burglary. Call and meet with us one-on-one to discuss your case and your legal options.