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 DUI & Criminal Attorneys Can Defend You Against Burglary
You need a defense attorney with integrity, experience, and compassion for your story. The team at Lee Law Group DUI & Criminal Attorneys 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 in San Diego, CA. We want to fight for your interests.
Understanding the Burglary Degrees in California
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.
Why Choose Lee Law Group DUI & Criminal Attorneys?
Affordable Justice
Everyone deserves a powerful defense. We’re committed to making fierce, effective representation accessible and affordable.
Experienced and Unyielding
With 20 years of legal experience, we’ve honed the instincts, strategy, and grit needed to deliver results—even in the toughest situations.
Client-Centered Protection
When you hire us, you’re under our wing. We take on your burden, reduce your anxiety, and give you the strength of knowing someone has your back.
Strength with Compassion
We combine inner steel with heartfelt empathy. Our clients aren’t just cases—they’re people who deserve to feel protected, supported, and understood.
Relentless Advocacy
We fight for our clients with unshakable determination. Like a pitbull in the courtroom, we don’t back down—ever—until the judge says it’s over.
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 In San Diego, CA
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.
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Finding the Right Burglary Attorney in San Diego, CA
Lee Law Group DUI & Criminal Attorneys 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.
