Burglary is the crime of entering a building, room, or structure with the intent to commit a crime. This crime may be petty theft, grand theft, or any other felony. Burglary is a wobbler, meaning it may be charged as a felony or a misdemeanor. If you have been arrested for a burglary offense, a San Diego burglary lawyer is your greatest chance at avoiding conviction or limiting the severity of the penalties you face. If there are aggravating factors present, a burglary conviction can count under the state’s Three Strikes Law.
Lee Law Group Can Defend You Against Burglary
You need a defense attorney with integrity, experience, and compassion for your story. The team at Lee Law Group has vast criminal law experience, including burglary defense. We understand the stress that can come from facing burglary charges, especially if the crime is considered a serious felony. Our firm can craft a strong defense that matches the details of your unique case. We want to fight for your interests.
Understanding the Burglary Degrees
Burglary is a wobbler and can be charged as a felony or a misdemeanor, depending on the circumstances, but all first-degree burglary charges are felonies. Burglary requires only criminal intent for conviction and does not require another criminal act. The two degrees of burglary in California are:
- First-Degree Burglary: This occurs when the crime of burglary is committed within an inhabited home, vessel, or building. Inhabited means the building is being used as a dwelling, even if it is not occupied. It is considered a serious and violent felony.
- Second-Degree Burglary: This is any burglary that is not first-degree burglary.
The prosecution must prove that an individual was attempting to commit a crime, either theft or a felony, in order to prove burglary. Breaking and entering is not required, only entering a building with criminal intent.
Burglary Penalties
Penalties for a burglary conviction include jail or prison time, fines, probation, and restitution to the victims of the crime. First-degree burglary penalties include imprisonment for two, four, or six years. Second-degree burglary can be charged as a misdemeanor, resulting in up to one year in jail, or as a felony, resulting in 16 months, two years, or three years in jail. Penalties may increase if there are other aggravating factors, such as the presence of a dangerous weapon.
If the burglary is charged as a felony, you may also lose certain rights, like the right to own or possess a firearm. If the charge counts under the Three Strikes Law, you may face more significant penalties if you have prior strikes. If you don’t have prior strikes, you can face more significant penalties for future offenses.
Conviction of burglary, like any criminal charge, also results in a criminal record, which can have several negative effects on your life and future. If you have a criminal record, it can impact your current and future employment, your housing, and your education. The most effective way to prevent these consequences is to avoid conviction. An attorney can help give you your greatest chance at limiting or preventing penalties.
When Shoplifting Becomes a Burglary Offense
Shoplifting is the crime of entering a commercial building during its business hours, intending to commit theft. If the commercial location is entered at any other time for theft purposes, the crime is charged as burglary. An individual cannot be charged with both shoplifting and burglary for the theft of the same items.
FAQs:
For burglary in California, you may get up to one year in jail, between 16 months and three years in jail, or between two and six years in prison. This depends on whether it is charged as first-degree or second-degree burglary and whether second-degree burglary is charged as a misdemeanor or a felony.
First-degree burglary results in two, four, or six years in prison. Second-degree burglary, if charged as a misdemeanor, results in up to one year in jail. If the offense is charged as a felony, penalties include 16 months, two years, or three years in jail.
The most serious form of burglary in California is first-degree burglary. This is the crime of entering a building with the intent to commit a theft crime or a felony in one of the following inhabited locations:
- Dwelling/house
- Vessel designed for habitation
- Floating home
- Trailer coach
- Inhabited area of any other building
This is considered residential burglary. First-degree burglary is charged as a felony and results in two, four, or six years in prison. It counts under the Three Strikes Law.
The statute of limitations for burglary in California is either three years or one year from the date the offense occurred. If the crime is first-degree burglary or second-degree burglary charged as a felony, the statute of limitations is three years. This is the case for specific felony offenses.
If the crime is second-degree burglary and is charged as a misdemeanor, the statute of limitations is one year. If the prosecution does not press charges within that time period, the crime usually cannot be charged.
The main difference between burglary and theft in California is that burglary does not require theft or an actual criminal act, while petty and grand theft do. Burglary is the crime of entering a building with the intent to commit theft or any other felony.
Committing that crime or entering the premises illegally is not required. Applicable felonies could include aggravated assault, sexual assault, murder, or other criminal and violent acts. Theft requires the removal of property.
Finding the Right Burglary Attorney in San Diego
Lee Law Group provides you with comprehensive and nuanced legal defense in the face of an arrest or charges for burglary. We focus on safeguarding your rights, crafting a strong and factual defense, and fighting for the ideal outcome. Contact our firm today.
