If you or a loved one has been charged with burglary in Los Angeles or elsewhere in the State of California, you should immediately contact a Los Angeles Burglary Attorney at The H Law Group. Our burglary lawyers have years of experience defending those who’ve been charged with burglary, so they have the knowledge necessary to achieve the best possible outcome in your case. You should not take burglary charges lightly as felony burglary carries a maximum prison sentence of three (3) years.
So, if you’ve been charged with it, please contact The H Law and schedule your free consultation today. Schedule your consultation by filling out the contact form below or by calling us at 1 (213) 370-0404.
In California, burglary comes in two different degrees: first-degree burglary and second-degree burglary. First-degree burglary involves the defendant burglarizing a residence (home) of another person. Second-degree burglary consists of the defendant burglarizing any other type of structure, such as a department store or any other kind of business.
For example, an individual who breaks into his neighbor’s home while they are on vacation to steal money and jewelry is guilty of first-degree burglary. Also, an individual who enters into his ex-girlfriend’s apartment without her permission in order to rape her is also guilty of the first-degree burglary. On the other hand, if an individual breaks into a bank at night time to steal money from the bank safe is guilty of second-degree burglary.
For the prosecution to prove that an individual is guilty of burglary under PC 459, it must prove the following elements beyond a reasonable doubt:
For example, if after work, you go back to your work office building without your employer’s permission intending to steal his collection of fine pens (valued at $2500), if you’re caught inside the building, you’re guilty of burglary because you entered a structure you weren’t supposed to, intending to commit grand theft (theft of property valued at more than $950).
If the prosecution is successful in convicting a defendant of felony burglary, the defendant faces a maximum of three years in California State Prison. If the prosecution convicts a defendant of misdemeanor burglary, the defendant faces a maximum of one year in county jail. As such, if you’ve been charged with burglary, you should contact a Los Angeles burglary attorney at The H Law Group to represent you and defend you in court. Your burglary lawyer will try to have the charges against you dismissed; however, if this fails, he will negotiate the best plea deal possible with the prosecution. In many cases, our attorneys are able to keep their clients out of prison. That said, the outcome varies from case to case.
In Los Angeles, California, burglary is a specific intent crime, meaning that for the prosecution to convict an individual of burglary, it must show that the he had the intent to commit a felony or theft within the building he had entered. Said differently, the prosecution must prove more than just the fact that the defendant entered into a building to convict him of burglary, it must show that he wanted to commit a felony or theft within the building. If the prosecution can only prove that the defendant entered into a building, it may be able to convict him of trespassing, but it will not be able to convict him of burglary. So, if you’ve been charged with burglary, you should contact a Los Angeles burglary attorney at The H Law Group to defend you and keep you from going to jail.
For many defendants charged with burglary, their case primarily depends on the prosecution’s ability to prove the defendants’ intent to commit a felony or theft within the building they’ve broken into. Usually, the prosecution proves the defendant’s specific intent to commit a burglary from direct evidence, such as the defendant’s statements on what he was going to do while inside the structure.
For example, if an individual breaks into his neighbor’s home and police officers who up and arrest him before he had the time to take any items, the police will have to rely on the individual’s statements to prove his guilt heavily. Absent incriminating statements, there could be countless reasons why an individual entered his neighbor’s home other than to steal or commit a felony within the building.
Where direct evidence is absent, the prosecution turns to circumstantial evidence to prove the defendant’s intent to commit a felony or theft. For example, if an individual enters a business and is caught with stolen goods, his intent to commit a felony or theft within the building can be inferred from the fact that the person had stolen goods in his possession at the time he was caught. This probably would be enough for the prosecution to convict an individual of the first-degree burglary.
A second defendant that your Los Angeles burglary attorney may make, if supported by the facts of your case, is that the owner of the building consented to you entering the building to commit a theft or felony within the building. This is an absolute defense to theft.
A third defense that your attorney may be used to prove your innocence is that you were intoxicated at the time you entered the building to commit a felony. Intoxication is a defense because burglary is a specific intent crime, and alcohol and/or drugs make it difficult for an individual to formulate the specific intent to commit a crime. As such, for the best possible defense, you should immediately contact a Los Angeles burglary lawyer to defend you and achieve the best possible results for you.
If you’ve been charged with burglary in Los Angeles or elsewhere in the State of California, you should immediately contact a Los Angeles Burglary Defense Attorney at The H Law Group. Our attorneys have defended countless individuals charged with burglary, so they know the arguments that work. They will do their best to have the charges against you dismissed or negotiate a favorable plea deal for you. So, don’t waste any time and promptly hire one of our criminal defense attorneys so that they can begin working on your case immediately. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.
