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Burglary
Burglary Defense Lawyer in California
In California, burglary is a serious criminal offense. It involves the unlawful entry into a building or structure with the intent to commit a crime, typically theft or another felony, once inside. Intent—not whether the crime was actually completed—is the key element in proving the charge. This sets burglary apart from other crimes.
If you’re facing burglary charges, you need an experienced burglary defense lawyer. They protect your rights, challenge the evidence, and develop the best defense strategy to minimize the consequences.
California Burglary Charges
California law distinguishes between first-degree burglary (residential burglary) and second-degree burglary (commercial burglary), each carrying different penalties.
1st Degree Burglary (Residential Burglary)
1st degree burglary occurs when an individual unlawfully enters someone’s home or residence with the intent to commit theft or another felony. This is a felony and is classified as a strike offense under California’s Three Strikes Law.
Because first-degree burglary is a strike offense, it’s critical to have a skilled criminal defense attorney who can challenge the charges and seek the best possible outcome, whether through plea negotiation or defense strategies at trial.
Burglary 2nd Degree (Commercial Burglary)
Second-degree burglary typically refers to burglaries that occur in a business or commercial setting, rather than in a residence. This is still a felony, but it is not considered a strike offense. However, there are still significant penalties, especially if the value of the stolen property exceeds a certain threshold. While second-degree burglary doesn’t carry the same “strike” consequences as first-degree burglary, the felony charge can have long-lasting effects on your future.
Burglary Lawyers: How to Beat a Burglary Charge
The primary issue in any burglary case is intent. To be convicted of burglary, the prosecution must prove that you intended to commit a theft or another felony when you unlawfully entered a building or structure. Without solid proof of intent, it’s difficult for the prosecution to secure a conviction. Some strategies that burglary lawyers use for how to beat a burglary charge includes:
- Lack of Intent: The prosecution must prove you intended to commit a crime at the time of entry. If you didn’t have the intent to commit theft or another felony, the charge may be reduced or dismissed.
- Mistaken Identity: With wrong identification of the person who committed the burglary, your attorney investigates the circumstances surrounding your identification and presents evidence that shows you weren’t involved.
- Consent: If you had permission to enter the building, then the entry was not unlawful. This provides a defense if you can show that you were allowed to be there and had no intent to commit a crime.
- False Allegations: In some cases, individuals are falsely accused of burglary. If the charges are based on a misunderstanding or wrongful accusations, your defense attorney will identify inconsistencies or flaws in the prosecution’s case.
- Unlawful Search or Seizure: If the evidence against you was obtained through an illegal search or seizure, it may be inadmissible in court. Your attorney can challenge the evidence and seek to have it excluded from the case.
Why You Need a Burglary Defense Attorney
Burglary is a felony offense with significant consequences. Whether you’re facing first-degree (residential) burglary charges or second-degree (commercial) burglary charges, a conviction can lead to years in prison, hefty fines, and a permanent criminal record.
At the Law Office of Ronald G. Brower, we specialize in criminal defense for individuals charged with burglary. Our experienced burglary defense attorney team helps you by:
- Investigating the facts of your case and challenging any inconsistencies in the evidence.
- Negotiating for reduced charges or alternative sentencing when appropriate.
- Defending you against false accusations and seeking the best possible outcome for your case.
Contact us today to schedule a consultation. We’ll review your case, discuss your legal options, and work tirelessly to secure the best possible outcome for you.