Burglary, as defined by California Penal Code 459, is entering a building, vehicle, vessel, or a cargo container with the intention either of stealing something, or to commit some other felony. Charges can be filed as a serious felony or as a misdemeanor. Prosecutors must only prove that when you entered the premises you intended to steal something, whether or not you succeeded in any theft.
Call us immediately to help you navigate the legal process and to give you decisive options: (949) 445-0040.
There are substantial differences in burglary charges and in your best defense strategies.
First-degree burglary involves an entry into a residence. It is always charged as a felony in Orange County.
Second-degree burglary generally includes all other types of burglaries, typically involving entry into a business of commercial building. This charge may be filed as either a felony or a misdemeanor.
How We Can Help Defend You With a Burglary Charge
Burglary charges may be dismissed, reduced or dropped if prosecutors cannot adequately show intent to steal.
The Law Offices of David A. Stein has successfully defended individuals charged with burglary. We have extensive experience in meticulously evaluating the prosecutor’s case against you.
We aggressively protect all your rights during the entire process and advise you on what is the most effective burglary defense options and strategies. In many of our cases, we successfully negotiate a reduction in charges, probation, little or no time in jail, home confinement, work projects, or community service. If your case does go to trial, we are expert, and experienced, at presenting a forceful case for your innocence.
Our attorneys approach each and every case as if we are defending one of our own family members. You’ll understand your rights and options, helping you and your family deal with the stress and uncertainty surrounding your case. We are available to our clients 24 hours a day, 7 days a week.
Burglary penalties are serious and it is important to have an experienced attorney working on your behalf to reduce the charges and defend your options.
- First-degree burglaries are committed when entering somebody’s residence and are always felonies.
Law enforcement agencies and prosecutors are vigilant in their prosecution of burglary crimes. Prosecutors almost always seek jail time for first-degree felony burglary offenders, even if it is their first criminal offense.
Sentences for those found guilty can range from probation to as much as six years in state prison, and they must serve at least 85% of their prison sentence. Probation may still result in serving up to a year in county jail. First-degree burglaries are always charged as felonies, and they are considered “strikes” under the California Three-Strikes law.
- Second-degree burglaries encompass all other types of burglaries and are typically called commercial burglary. These crimes may be charged as misdemeanors or felonies.
Generally, if you’re charged with commercial burglary involving the theft of property worth less than $950, it will be charged as a misdemeanor, punishable by up to one year in county jail. A felony commercial burglary conviction is punishable by probation, including up to a year in the county jail, or as much as three years in state prison. To convict you of commercial burglary, prosecutors must prove only that you intended to steal something when you entered the building; it doesn’t matter whether you broke in or simply walked in as a customer.
Protect your future. Call for a free consultation today: (949) 445-0040.