Practice Area
California Burglary Defense Lawyers
What You Need to Know If you are accused of residential or commercial burglary
Under California law (Penal Code 459), burglary is defined as entering a building, vehicle, vessel or cargo container with the intention of either stealing something or committing a felony. Under the law, the state does not need to prove that you succeeded in stealing or committing a felony; it must only prove that you intended to. There are two types of burglary in our state: Burglaries committed in someone’s home are first-degree burglaries, which are always felonies (residential burglary); all other types are second-degree burglaries that may be charged as misdemeanors or felonies (commercial burglary).
Because first-degree burglaries are always home invasions, the law provides for very severe penalties which can lead to a sentence to as much as six years in state prison. Furthermore, because a first-degree burglary is considered a serious felony in California they will be deemed to be a “strike offense.” That means you must serve at least 85% of your prison or jail sentence, regardless of good behavior or other circumstances. It also has serious consequences if you’re convicted of another felony later; your prison sentence automatically doubles on the second “strike,” and you must serve at least 80% of that sentence. On the third “strike,” you may be in prison for life.
For all of these reasons it is essential to retain an experienced California theft crime defense attorney at Wallin and Klarich so we can aggressively defend you from these serious charges.
Second-degree burglary is also called commercial burglary; it is generally charged when you are accused of entering any business establishment with the intent to commit a crime therein. To convict you of commercial burglary, the state must prove only that you intended to commit a crime when you arrived at the business; it doesn’t matter in what manner your entered. It can be charged as a misdemeanor or a felony in the discretion of the prosecutor. Generally, if you’re charged with in the intent to commit a crime where the value of the loss is less than $400, it will be charged as a misdemeanor, punishable by up to a year in county jail. A felony commercial burglary conviction is punishable by up to three years in prison. Again, when facing such serious charges, hiring an Orange County burglary defense lawyer from Wallin & Klarich is a very good option.
The vast majority of Wallin & Klarich clients are able to resolve their case by either a dismissal or by a grant of probation and do not go to state prison. Of course what will happen in your case depends upon the facts of your case, your prior record and how soon after your arrest you retained our law firm to help you.
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Types of Burglary In California
Burglary Overview – Penal Code Section 459
There are two types of burglary in California:
A burglary committed in someone’s home is considered first-degree burglary, which are always felonies (residential burglary). All other types of burglary are considered “second degree” or “commercial burglary.
Under California Penal Code Section 459, second degree burglary is defined as entering a building, vehicle, vessel or cargo container with the intention of either stealing something or committing a felony. Under the law, the state does not need to prove that you succeeded in stealing or committing a felony; it must only prove that you intended to.
Both first and second degree burglary can be prosecuted as a felony. If you or a loved one is accused of burglary it is essential to retain an experienced California burglary defense attorney at Wallin and Klarich so we can aggressively defend you from these serious charges.
Many of the clients who are wise enough to retain our criminal defense law firm are able to resolve their case by way of either a dismissal or by a grant of probation and do not go to state prison. Of course what will happen in your case depends upon the facts of your case, your prior record and how soon after your arrest you retained our law firm to help you. If you or someone you love is facing burglary charges in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com. We will be there when you call.
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California Burglary Sentencing
Burglary Sentencing & Punishment – Penal Code Section 459
First degree burglary is a serious felony and a strike under California Penal Code section 1192.5. California punishes strike offenses much harsher than regular felonies. A strike conviction can have a devastating and long lasting effect. A felony conviction with two prior strike convictions can result in 25 years to life imprisonment.
Burglary in the first degree is punishable under California Penal Code Section 461(1) by imprisonment in the state prison for two, four, or six years. Burglary in the second degree is punishable under California Penal Code Section 461(2) of the Penal Code by imprisonment in the county jail not exceeding one year or in the state prison for a term of 16 months, 2 years or 3 years.
If convicted of First degree burglary you must serve at least 85% of your sentence, regardless of good behavior or other circumstances. It also may have serious consequences if you’re convicted of another felony later; your prison sentence automatically doubles on the second “strike,” and you must serve at least 80% of that sentence. On the third “strike,” you may be in prison for life.
Strike convictions have a tremendous and potentially devastating effect because any future conduct will be punished more severely. If you have a prior strike, be aware that if at anytime in your life you are convicted of a new felony, your potential sentence may be doubled by the court. It is important to consult with an experienced attorney to determine the consequences of a strike conviction.
If you are accused of Second Degree Burglary, whether or not you are charged with a felony or misdemeanor is entirely in the discretion of the prosecutor. This is why it is so critical to retain an experienced burglary criminal defense lawyer as soon as you find out you are being accused of burglary. Often, your lawyer may be able to convince the prosecution to file only misdemeanor burglary charges, especially if the amount of the value of the loss is less than $400. A misdemeanor commercial burglary carries a potential penalty of up to one year in county jail and a $1,000 fine. A felony commercial burglary conviction is punishable by 16 months, 2 years or three years in state prison or the court has the power to grant you probation.
All burglary charges in California are very serious. They can lead to your arrest and ultimately your spending time in state prison or county jail. You should call Wallin & Klarich today to discuss your options with our knowledgeable Southern California burglary defense attorneys if you find yourself facing burglary charges. Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com. We will be there when you call.
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California Burglary Prosecution
Burglary Prosecution – Penal Code Section 459
To prove the defendant is guilty of second degree burglary, the prosecuting agency must prove the following two elements:
- The defendant entered a building, vehicle, vessel or cargo container; AND
- When he or she entered, he or she intended to commit theft or a felony.
If it can be proven that the defendant committed burglary under Penal Code section 459, then, to prove the defendant is guilty of first degree burglary under Penal Code section 460, the prosecuting agency must further prove the following:
- The defendant burglarized an inhabited home or a room within an inhabited home;
- When he or she entered, he or she intended to commit theft or a felony.
The Prosecutor has the burden of proving beyond a reasonable doubt that the burglary was first degree burglary.
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California Burglary Defense Tactics
Burglary Defenses – Penal Code Section 459
Defendant Lacked the Requisite Intent to Commit Burglary
Under California Burglary law, the defendant must have entered the location with the intent to commit theft or a felony therein. It is not sufficient for a conviction for burglary that a person illegally enters a particular location. In order to be convicted the prosecutor must prove the defendant’s requisite intent to commit theft or a felony therein.
Often whether an accused is found guilty or not guilty of a burglary offense will depend upon the issue of the defendant’s “specific intent” upon entering the location in question. This means that the freedom of our clients often depends upon the “circumstantial” evidence we are able to present to show that our client did not have the required specific intent to be convicted under California Penal Code Section 459.
Consent
Consent may be a viable defense to Burglary under California Penal Code Section 459 in the following circumstances:
- When the accused is the owner of the property.
- The owner actively invites the accused to enter, knowing the illegal, felonious intention of the invitee.
Intoxication
Intoxication may be a viable defense to Burglary under California Penal Code Section 459. Evidence to establish the intent is almost always circumstantial. The defendant may offer evidence of intoxication on the issue whether he or she actually formed the required specific intent.
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Burglary FAQs
The California burglary defense attorneys at Wallin & Klarich have extensive experience defending the rights of those individuals who have been charged with burlgary in the state of California. Our attorneys draw on their experience, resources and familiarity with the law enforcement agencies and courts where you have been charged to mount a compelling defense on your behalf. As a service to our readers, we have answered some frequently asked questions about burglary in California. For more information about your specific case, contact us today for a free consultation at 888-749-0034.
California Burglary Frequently Asked Questions
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What is the definition of “burglary”?
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What is the difference between robbery and burglary?
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What is the difference between theft and burglary?
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What is the difference between larceny and burglary?
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What is the statute of limitations for burglaries?
What is the definition of “burglary”?
Burglary is the act of entering into a “structure” with the intention of stealing property or committing another felony.
What is the difference between robbery and burglary?
Robbery is different from burglary or theft in that robbery involves person to person confrontation, the threat of or use of force along with the intent to coerce and prevent resistance.
Robbery is the taking of property from another against their will by means of force or fear.
Burglary does not necessarily translate to damage. It is still considered burglary if someone enters through an unlocked door or window with the intent to commit a felony or theft. This is called ‘non-forcible entry’.
What is the difference between theft and burglary?
Theft simply involves taking something from someone else with the intent to permanently deprive them of it. Burglary, however, requires the entering of a structure (any building) with the intent to commit a theft inside.
Theft is a crime with a very broad definition in California. Theft crimes include any of the following instances of stolen property:
- Auto Theft
- Burglary
- Embezzlement
- Extortion
- Fraud
- Grand Theft
- Identity Theft
- Larceny
- Petty Theft/Shoplifting
- Robbery
- Receiving Stolen Property
What is the difference between larceny and burglary?
Larceny is similar to burglary. Larceny is the taking and carrying away the “tangible personal property of another by trespass with intent to permanently deprive the person of his interest in the property.” Thus, real estate, services and other intangible “properties” cannot be objects of larceny.
Burglary is illegally breaking into someone else’s property with a plan or intention of stealing something from that property. The seriousness of the crime can depend on when and where the crime occurred, whether or not people were present when the crime was committed, and the use (or non-use) of a weapon.
What is the statute of limitations for burglaries?
The statute of limitations is a “time limit” for the police and prosecutor to file the theft or fraud charges with the court. It is said that the issuance of an arrest warrant “tolls,” or complies with, the statute of limitations. However, if the case was filed in time but not “served” or the person named in the warrant is not arrested in a timely manner, or if not effort was even made by the police to serve the warrant, the fraud or theft case may be eligible to be dismissed.
In general, the statute of limitations for felony burglary is three years. The statute of limitations for misdemeanor burglary is one year.
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Testimonials
Burglary Cases
“I didn’t know what to do when I was accused of burglary and grand theft charges. I was certain that I was facing jail time.
I put my faith in Wallin and Klarich due to their years of experience helping people facing similar charges. Thanks to my attorney’s experience and relationship with the DA’s office, she was able to have the most severe charges against me dismissed, and I only incurred a minimal charge of petty theft and a minor punishment. I am grateful to Wallin and Klarich for saving me from jail time, and saving my future record from any permanent damage. If anyone is facing criminal charges I would definitely tell them to put their faith and trust in Wallin and Klarich. I am certainly glad I did.”
-M.H.
“I am writing this letter to tell you about Wallin & Klarich. I was arrested for felony burglary and felony domestic violence. I was told I was facing a minimum of 32 months in state prison. My life was never going to be the same. This is when I met my attorney. He told me to be patient and I put my faith in him. He met with the District Attorney’s office and convinced them dismiss my felony burglary charges and reduce my felony domestic violence to a misdemeanor. After a couple of court dates, I pled to only a misdemeanor and got me 2 months of house arrest and allowed me to go to work and school. I think he is an excellent lawyer and did a real good job on my case. Thanks!”
-A. G.
“Thank you for your excellent work in getting my case dismissed. I really appreciate the time and effort you expended in helping me to understand the criminal justice process and what I could expect. You helped me to organize my documents and asked many questions to better understand my case.
By being fully prepared, you were able to win a dismissal during the first Pre-Trial Conference. Your skillful efforts resulted in justice being quickly carried out, thus saving me from weeks of worry. Thank you for helping me to receive just and fair treatment before the Court. Please do not hesitate to call on me if I can ever be of service to you.”
-K. F.
“I came into Wallin & Klarich because my other attorney told me I was facing 60 days of mandatory jail time. I have three kids and a house mortgage, I could not handle going away for that long. Wallin & Klarich was able to negotiate with the prosecutors and get me NO JAIL TIME whatsoever. Thank you.”
-H. K.
“I, Samantha Westman was charged with two counts of commercial burglary and one count of forgery. My maximum exposure was three years in jail. Thanks to Wallin & Klarich the charges were reduced to petty theft with no jail time only community service. I would recommend the services of Wallin & Klarich to anyone else in a similar situation.”
-S. W.
“I would like to tell you just how much I appreciate all you did for me. I was charged with 3 serious felonies involving Grand Theft and Commercial Burglary. I was facing serious jail time and felony probation for 5 years. I don’t know how you did it but you were able to dismiss all the felonies and have me plead to a simple misdemeanor. Instead of jail time, I was able to perform my short sentence on house arrest. Thank you so much.”
-J. W.
“I was arrested with four other individuals. Thanks to the services of Wallin & Klarich I received no jail time and a reduction in the charges I faced. The other individuals all were represented by other attorneys and they all received jail time and had to plea to burglary charges. I am extremely grateful to my attorney at Wallin & Klarich and the services they provided me. I would recommend them to anyone else.”
-A. E. R.
To Whom It May Concern:
I hired Wallin & Klarich to defend me when I was charged with burglary, forgery and illegal possession of a weapon charges. I had stopped payment on checks that I wrote a few different cosmetic doctors who had been negligent and incompetent in the services that I received. So, I was basically disputing charges. But, the doctors filed criminal charges against me and a few eager detectives went out of their way to get charges filed with the D.A.
In January of 2007, the charges were finally accepted by the D.A. and I was arrested. It was shocking to be arrested for something that I had no idea could be turned into criminal charges. When I was arrested, I made the mistake of authorizing for my car to be searched and a wooden tire knocker was found and resulted in an alleged illegal weapon charge. I made bail and initially hired a Redondo Beach based attorney who demonstrated himself to be fully unethical by refusing to take defense action on my case and attempting to incriminate me.
There were two cases against me and a warrant had just been issued for my second case. I was in jeopardy of being arrested because the Redondo Beach based attorney who initially hired refused to be bothered with going to the courthouse to handle the active warrant. I was scared to death about getting arrested again and the detective handling the 2nd case went to my apartment complex looking for me to attempt to arrest me. So, I had to immediately fire the Redondo Beach based attorney and search for a strong, professional firm that would make serious efforts to defend me.
Because of my experience with the Redondo Beach based attorney, I was completely skeptical about trying to find an ethical, strong defensive attorney. I called Wallin & Klarich and spoke to an attorney. The attorney took the time to have a detailed conversation with me about what could be done to recall the active warrant and deal with the pending charges. She was understanding and incredibly helpful. I then met with the attorney in person.
The attorney had a very strong personality and seemed to be incredible intelligent, knowledgeable and experienced. She spent somewhat of a significant amount of time explaining what would occur with my cases and helped to ease some of my fear. I retained Wallin & Klarich that evening. By 9:00 a.m. that following morning the attorney had already gone to the courthouse and recalled my warrant eliminating the possibility for me to be arrested by the detective who had investigated the case. I was greatly relieved to not have to evade police officers, thanks to the attorney’s prompt and effective action to recall the warrant.
My attorney continued to demonstrate herself to be an incredible strong, intelligent, professional attorney by making every effort to resolve my case. I’m a nervous person by nature and have been through a lot in life. But, having criminal charges pressed against me was far more traumatic than anything else I’ve experienced. Because I was so nervous about the case, I repeatedly communicated through e-mail with the attorney and she was extremely patient and understanding.
The partners were professional and exceptionally helpful with my case as well. Despite being busy, they took the time to respond to many questions that I directed to their attention via e-mail. They even went out of their way to provide information pertaining to a separate non-criminal matter that I was involved with. I’m fully confident that very few attorneys would have taken the time to provide unrelated information to a client out of their kindness of their hearts.
My attorney was able to have all of my charges dismissed by getting the prosecuting attorney. Words can’t begin to express how grateful I am to the law corporation of Wallin and Klarich for their help in favorably resolving my cases. I will forever be thankful for all of their help.
I know that anyone who has had an experience as I did with my former attorney would be skeptical about all attorneys in general. However, if ever someone is interested in representation, but skeptical, I would tell them to trust their case in the hands of the law firm of Wallin & Klarich.
Sincerely,
Anonymous
To Whom It May Concern:
I retained Wallin and Klarich when I was charged with burglary, forgery and fraud charges. I had stopped payment on checks that I wrote to a few different cosmetic doctors who had been negligent and incompetent in the services that I received. So, I was basically disputing charges and the matter should have been civil. But, the doctors filed criminal charges against me. Based on the number of incidents, the detectives and D.A. wrongly presumed that I had intended not to pay for services.
I had two cases brought against me, one based in Orange County and another in Torrance. The Torrance case was handled by my Wallin & Klarich attorney. There were eight counts against me and two doctors pressing charges. Although I had evidence supporting my claim that the doctors were negligent and incompetent, the doctors were adamant about continuing to pursue criminal charges against me.
I typed sincere apology letters to the doctors and with a little skill and effort my attorney was able to convince one of the doctors to drop charges in exchange for restitution payment. The other doctor and one of his staff members completely disregarded my detailed apology letter and were unreasonable with regard to my attorney’s attempt to settle the matter. I had previously argued with the staff member in the doctor’s office and she was vengefully determined to prosecute me irregardless of what my actual intentions had been.
The doctor and his staff member continued over a period of a few months to insist upon bringing charges against me. I’m fully confident that most attorneys would never have had the patience and expertise to build a relationship with and gain the trust of such difficult people. My Wallin & Klarich attorney was incredibly patient and spent a significant amount of time developing relations with the doctor and his staff member. His endurance, trustworthiness, stable nature and experience eventually allowed for the matter to be reduced to civil compromise in exchange for a large restitution payment. My attorney from Wallin & Klarich demonstrated himself to be an intelligent, genuinely helpful person and dedicated attorney. All charges were dropped thanks to my attorney’s incredible perseverance in creating justice.
Another attorney from Wallin & Klarich, an Orange County based attorney with Wallin and Klarich, effectively had all of my O.C. charges dismissed by convincing the prosecuting attorney and third doctor to agree to reduce the matter to a civil compromise. I will forever be incredibly grateful to my attorneys and Paul Wallin for preventing me from being scarred for life by potential jail time or criminal convictions.
Sincerely,
Anonymous
