Charged With Burglary?
In early June 2015, four individuals were arrested for allegedly being connected to a burglary ring located in the southern district of California. These four individuals were suspected to be responsible for more than two dozen residential burglaries across Southern California and Nevada.
Burglary continues to be a prominent crime in California. Approximately 15,000 burglaries happen in California every year and the number continues to grow. Though there may be several reasons why a person chooses to commit burglary, legal representation is invaluable to those who are charged.
Those who have been charged with burglary or other theft crimes need adequate representation, and here at The Rodriguez Law Group we have the expertise that you or your loved one may need.
What is Burglary?
Burglary is a specific intent crime which means that you have to specifically intend to commit the crime of breaking and entering while on the premises.
To prove a charge of burglary, a prosecutor must show that the defendant entered a property that was not their own without permission and intended to commit a crime after entering the premises. These types of premises include houses, apartments, residential rooms, and businesses, but can also include tents and outhouses.
Theft crimes, and particularly burglary, can be misdemeanors or felonies depending on the amount you are accused of taking and your prior criminal history. As with any crime, burglary can have both long term and short-term effects, not only on your freedom, but also on your employment status and reputation in the community.
The Law Regarding Burglary
The charge of burglary is governed by California’s Penal Code Section 459. You can be charged with burglary in the first degree or burglary in the second degree.
If you are charged with burglary in the first degree you may be sentenced to imprisonment in a state prison for a term of two, four, or six years. All first degree burglary charges are felonies and are considered a more serious crime under California’s three strikes law. However, if you are charged with and convicted of burglary in the second degree, your sentence cannot exceed a term of imprisonment in county jail for more than one year.
If charged with burglary, there are defenses that may be available to you. These defenses include permission or consent to enter the property given by the owner or occupant, intoxication or some other reason why the defendant would be unable to commit a specific intent crime, and entrapment. Though these defenses are available and may seem straightforward, they require adequate expertise to be effective in court.
Need Legal Representation?
If you or a loved one have been charged with burglary or any other theft crime, you should call a Los Angeles theft crimes lawyer to discuss your best strategy. There are many strategies that could potentially be used to help your case and here at The Rodriguez Law Group we are ready and available to assist you and offer our expertise. Remember, we are here to help you!
Last Updated on December 29, 2021