San Diego Burglary Attorney
In recent years, the cost of living has increased to the point that some people take drastic measures to survive. These measures include committing crimes such as burglary in either residential or commercial properties. While some would claim that they got into the crime because of survival, some committed burglary to cause fear and chaos.
California has strict laws on burglary, but it can be confusing whether you want to charge someone with the offense or are facing the charges. You will need an experienced and reliable San Diego burglary lawyer to help you navigate these laws and build the right legal case or defense.
If you find yourself in need of legal services for burglary charges in San Diego, you can trust Lee Law Group to provide the best assistance possible. Clients are guaranteed a personalized legal service that matches the case’s circumstances. We will be with you in every step so that you are ready to make the right decisions for your case and be ready for the outcome when the court makes its decision.
Call Lee Law Group today at (619) 349-1588 for your Initial Consultation with a San Diego Burglary lawyer!
Definition of Burglary in California
In California, a burglary is an act of entering either a residential or commercial property (including a locked vehicle) to commit larceny or theft. It is considered a crime once the person enters the structure with criminal intent, even if the intended crime was not successfully done.
A prosecutor must be able to prove that one or more of these conditions were committed before a person can be found guilty of burglary:
- The defendant entered a building or any locked vehicle.
- During the time they entered this place, the defendant intended to commit a theft or felony.
- They intend to do one of three (or more): (1) the property stolen or to be stolen was worth more than $950, (2) the structure the defendant entered was a residential structure, (3) the structure that they entered is a commercial structure and they entered it after its hours of operation.
It is important to note that a person is guilty of committing burglary when they enter the structure or vehicle to commit either grand or petty theft or a felony, even if it does not succeed. However, a person will be guilty of burglary if they already intended to commit theft before entering the structure. If there is no intent or it only formed after they got in the structure, you will not be found guilty of committing burglary.
The state also divides the type of burglary into two: first-degree and second-degree burglary. The first-degree is also known as “residential burglary,” as it occurs in a private residence. Meanwhile, the second degree is “commercial burglary” since it happens in commercial properties.
Are you confused with the definition of burglary? You can trust our San Diego burglary lawyer to be your guide so you can understand the charges and provide you with examples to make the terms easier to understand. We can also help you identify if your case is indeed burglary and what type of burglary it is, so the right legal defense is made for your case.
Burglary-Related Offenses
During burglary cases, the court looks into the other offenses that may have been committed. Additional offenses can add additional penalties should you be found guilty and may affect the effectiveness of your legal defense.
Some of these offenses include:
- Possession of burglary tools – a person is guilty of this crime if they possess tools they aim to use to commit burglary. This offense also covers altering or making a key without the consent of the property’s owner. This is classified as a misdemeanor.
- Forgery – this offense takes place when a person knowingly alters, creates, or uses a written document to defraud another person. This offense is considered a wobbler, meaning it can be considered a felony or a misdemeanor.
- Robbery – this offense deals with a person taking another person’s property directly from them or in their presence by force or fear. It is a felony offense with a sentence in state prison.
- Trespassing – Trespassing is an act where a person enters another person’s property without any right to do so. California’s penal code further expands this definition by pointing out that the person must intend to commit theft when entering the property before being considered guilty of trespassing. Trespassing can either be a misdemeanor or an infraction, depending on the circumstances of the case.
- Burglary of a safe with explosives – if the defendant uses explosives or other similar devices to open a safe in a residential or commercial location, it will be considered a felony.
When you reach out to our San Diego, CA criminal law firm for your case, we will look at the situation to see if other offenses will be added to your case. Our lawyers will also tailor the legal defense accordingly to consider these offenses and ensure it does not impact the final verdict. If it is included, we will do our best to argue against a harsher sentence.
Penalties for Burglary in California
If a person is found guilty of burglary, the penalties will vary depending on the type of burglary committed.
A first-degree burglary is classified as a felony that will come with probation, imprisonment in state prison, and hefty fines. One will also earn a “strike,” which will affect their prison sentence if convicted. Meanwhile, second-degree burglary can result in a misdemeanor or felony penalty. Additional penalties will be incurred if one is found guilty of related crimes, has prior felony convictions, or has reached “strikes’ in their record.
Your assigned San Diego burglary lawyer will look into your case and see what potential penalties you may incur based on the circumstances of your case. We will also use our experience to personalize the legal defense we will use to achieve the best possible outcome for your case. We will also prepare you for any possible outcome so you can make the right decisions for you and your family.
Meanwhile, if you are the petitioner, our legal team can help you build a case that will call for harsher penalties against the defendant. We will also represent you in court and provide legal advice as the hearings take place should you wish to take another step for your case.
Let’s Talk Now
Burglary is a serious crime that any property owner, whether residential or commercial, should act against because it puts your assets and loved ones at risk. Fortunately, the law is behind you, and you can exercise its protections with the help of a trusted criminal law firm that can represent you in court.
Lee Law Group is always ready to be your staunchest legal support during this case and ensure those guilty of the act are given the right sentence. Our team will be with you in every step and fight for a conviction. You can also trust our team to help you if you are the one facing charges and fight for a lighter sentence if possible. Learn more about our services today by contacting our hotline, and we will be more than happy to review your case with you.
Call Lee Law Group today at (619) 349-1588 for your Initial Consultation with a San Diego Burglary lawyer!
