Facing a Burglary Charge in California

If you live in California and have been charged with burglary, then you certainly should immediately make contact with a criminal lawyer. The California Penal Code governs crimes committed in the state of California, and if you're facing a burglary charge, either misdemeanor or felony, you may be considering jail or prison time, fines, probation, and restitution. The most common varieties of burglary charges are felony theft, first and second degree burglary, possession of burglary tools, conspiracy to commit felony theft, and conspiracy to commit burglary.

What Constitutes Burglary

The state of California defines burglary as entering into a building with the intent to commit a felony or steal something. With this definition, the main word to not forget is 'intent'. Whenever you consult with your criminal attorney he will explain that whenever you are arrested and charged with a burglary, it is the responsibility of the state of California to prove that the reasons why you entered the structure was to steal or commit a felony. The state, however, doesn't need to prove that there was really anything stolen. The one thing that needs to be proven is the fact that there was intent.

The Differences Between Second and First Degree Burglary

In California, you will find there's a difference in first and second degree burglary which is notable. For the act of burglary to be classified as first degree, the structure that was entered needs to have been inhabited. Essentially, somebody must live in the structure. The penalty for first degree burglary, which is actually a felony, varies from 6 years of incarceration to probation. The duration of the sentence that is imposed for the majority of defendants charged with burglary depends on numerous factors, including any past criminal charges, the seriousness of the crime, as well as the skills of your criminal lawyer. One ominous truth is when you're convicted of burglary in the first degree it's considered one strike with regards to the three strike rule. Because of this, if you're convicted of the charge of burglary in the first degree, you're going to be required to serve eighty-five percent of your sentence before being entitled to parole and you will not get any time credited during the incarceration for good behavior.

Second degree burglary can be a felony charge in some instances, however it can be a misdemeanor. The act of burglary in the second degree happens in a building that isn't inhabited or used as housing, such as a business. Due to the wording of the burglary statute in the California Penal Code, even if a defendant walked into a business that's open to the public but had an intention to steal something, they could be arrested for second degree burglary. The primary difference between felony second degree burglary and misdemeanor second degree burglary is based on the value of that which was taken. Over $400 in property taken causes the charge to be enhanced to a felony. Sometimes, those found guilty of second degree burglary will only be required to remain in jail for one-half of their sentence.

Contacting a Lawyer

Immediately after your burglary arrest, call your criminal attorney. An aggressive attorney can negotiate together with the prosecution to get the charges against you dismissed or reduced to some lesser offense.


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