Simi Valley Burglary Lawyer

Los Angeles Burglary Defense: Protecting Your Rights

The crime of burglary in California is defined as unlawful breaking and entering a building or vehicle with the intent of committing theft. Burglary may be charged as either a misdemeanor or a felony in CA, depending on the severity of the crime, as well as the use of weapons and other circumstances.

Burglary is a serious offense in California, carrying significant legal consequences. If you are in need of skilled representation, a Simi Valley burglary lawyer can help navigate the complexities of the law and protect your rights.

If you’re dealing with burglary charges, let our team help. Contact a Simi Valley burglary lawyer for a free consultation by calling (805) 515-4070 or reach out online.

Understanding Burglary Charges in California

The prosecution carries the burden of proving, beyond a reasonable doubt that:

1. The defendant entered a building, room within a building, or locked vehicle 
2. When he or she entered a building, room within the building or locked vehicle, he or she intended to commit theft

Under the law of burglary, a person enters a building if some part of his or her body, or some object under his or her control, penetrates the area inside the building’s outer boundary. A building’s outer boundary includes the area inside a window screen.

Defining Intent in Burglary Cases

The biggest surprise in the burglary statute is this crime is not necessarily a ‘theft’ related offense. The accused is guilty of ‘burglary’ if he or she enters any structure, inhabited or not, with the intent to commit any ‘crime’ inside.

Potential Penalties of Burglary in California 

In California, burglary is defined under Penal Code 459. There are two primary types of burglary:

First-Degree Burglary

This involves entering a residence with the intent to commit theft or any felony. First-degree burglary is considered a felony and carries the most severe penalties, including imprisonment and hefty fines.

If convicted, a defendant may face 2 to 6 years in state prison, along with significant fines. Additionally, this conviction may carry collateral consequences, such as difficulty obtaining employment, housing, or professional licenses.

Second-Degree Burglary

This applies to entering commercial buildings, such as stores or offices, with the intent to commit theft. Second-degree burglary is typically charged as a wobbler, meaning it can be prosecuted as either a felony or a misdemeanor depending on the circumstances of the case and the defendant's criminal history.

If charged as a misdemeanor, the potential penalties may include up to one year in county jail and/or a fine of up to $1,000. If charged as a felony, the penalties can include 16 months to 3 years in state prison.

Defenses Against Burglary Charges

A variety of defenses may be employed in a burglary case. A knowledgeable Simi Valley burglary lawyer can assess your situation and develop a strategy that could include:

• Lack of Intent: If the defendant did not intend to commit a crime upon entering the property, this may negate the burglary charge. For example, if someone entered a building believing they had permission, they cannot be convicted of burglary.
• Mistaken Identity: If the evidence against the defendant is circumstantial or relies on witness testimony, the defense may argue that the defendant was misidentified.
• Consent: If the defendant can prove that they had permission from the property owner to enter, this can serve as a complete defense against burglary charges.
• Insufficient Evidence: The prosecution must provide clear evidence that the defendant committed the crime. If the evidence is lacking or unreliable, the case may be dismissed or result in an acquittal.
• Alibi: If the defendant can establish that they were somewhere else when the burglary occurred, this can effectively counter the prosecution's case.