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.

Common Myths About Burglary Charges

There are several misconceptions surrounding burglary that can lead to misunderstandings about the law:

• Burglary is just theft: While theft can be a component of burglary, the key element of burglary is unlawfully entering a building with the intent to commit a crime.
• You must have stolen something to be charged with burglary: You can be charged with burglary even if you did not actually take anything. The intent to commit a crime is sufficient for a charge.
• Burglary only occurs at night: Burglary can happen at any time, day or night. The time of day does not affect the charge.
• You can only be charged with burglary for residential properties: California law recognizes both residential and commercial burglary, each carrying its own legal consequences.

Commercial Burglary Laws in California

A person can be charged with ‘Commercial’ burglary when they enter a store with the specific intent to steal.

Typically, ‘commercial’ burglaries is charged as a misdemeanor when the value of the property taken is less than $400.00. However, if the value is over $400.00 the burglary will be charged as a felony. This is commonly referred to as grand theft. Commercial burglary is not a strike.

If you are not a United States citizen, your immigration status or application for citizenship will be in jeopardy if convicted of burglary.

Why Choose Us

Our founding attorney, Brandon Sua, is deeply committed to balancing the scales of justice, particularly for those who face socio-economic and cultural inequities. With a strong belief that everyone deserves a vigorous defense, he leads a team of aggressive trial attorneys who are prepared to fight tirelessly on your behalf.

We understand the weight of burglary charges and the impact they can have on your life, and we are here to ensure you do not have to face this battle alone.

Our firm prides itself on providing streamlined and cost-effective legal representation. With over 80 years of combined legal experience, we offer a wealth of knowledge and strategic insight to every case we handle. We guarantee same-day callbacks, ensuring you feel supported and informed throughout the legal process. 

Schedule your free legal consultation with a Simi Valley burglary lawyer today by calling us at (805) 515-4070 or contacting us online. Your defense starts here!