Attempted Burglary vs. Burglary in Ventura County: What’s the Difference?

Attempted Burglary vs. Burglary in Ventura County: What’s the Difference?

California law under Penal Code Section 459 describes the crime of burglary as entering certain places such as a house, room, structure, or a locked vehicle with the intent to commit any felony or to steal something.

California Penal Code Section 460 describes a “residential burglary” as entering an inhabited dwelling, vessel or “the inhabited portion of any other building” – generally, a place where people are intended to live – with the intent to commit a felony or steal something.

Burglary in Ventura County is categorized either first or second degree. Residential burglary is of the first degree. All other burglaries (commonly referred to as “commercial burglary”) are of the second degree.

In 2012, there were 534 reports of residential burglary in Ventura County. In fact, the 5,263 total reported theft crimes in 2012 represent the largest category of all criminal offenses in the county.

What is the Difference Between First and Second Degree Burglary in Ventura County?

One difference between first and second degree burglary in Ventura County is how you can be punished if you are convicted. First-degree burglary in Ventura County is punishable by either two, four or six years in prison and/or a maximum $10,000 fine. It is also considered a “strike” under California’s Three Strikes law – meaning it is a violent crime due to the potential that someone could be harmed who may be inside the inhabited place you unlawfully entered.

Second-degree burglary in Ventura County is a “wobbler” offense – meaning you may be charged with either a misdemeanor or a felony, depending on the circumstances. If convicted of a misdemeanor, you face up to one year in jail and/or a maximum $1,000 fine. A felony conviction carries up to three years in jail, and/or a maximum $10,000 fine.

Failure to Complete a Theft or Felony Crime May Still Be Prosecuted as an Attempted Burglary in Ventura County

If you try to unlawfully enter a place or locked vehicle with the intent to steal or commit a felony but do not complete your intended crime, you can still be prosecuted for attempted burglary. However, devising a plan to commit a burglary in Ventura County without making a direct effort to carry out the plan isn’t a crime.

California Penal Code Section 21a defines an attempt to commit a crime as consisting of two required elements:

• A specific intent to commit the crime, and
• A direct but ineffective act done towards its commission.

If a prosecutor cannot prove both of these elements beyond a reasonable doubt, you cannot be convicted of an attempt crime.

Recent Example of Attempted Residential Burglary in Ventura County

Recently, an alert resident contacted the Ventura Police Department after observing a suspect climbing onto his neighbor’s balcony. As officers arrived on scene, they found the victim’s vehicle in the driveway had been broken into. Officers contacted the residents, who were asleep inside the home, and informed them of their neighbor’s observation. Officers evacuated the residence and searched the interior.

During the search, the suspect was found hiding on the balcony just outside a locked sliding glass door.　 Evidence found indicated the man was attempting to enter the residence when the neighbor saw him. The suspect was also found to be in possession of property that had been taken from the victim’s vehicle.

Despite not actually completing the act of burglary on the home, the suspect was arrested for attempted residential burglary. Other charges he faces include prowling, possession of burglary tools, possession of stolen property and a parole violation.

Punishment for Attempted Residential Burglary in Ventura County

Generally, attempt crimes are punishable by one-half the term of imprisonment (and/or fine) for the offense committed (California Penal Code Section 664). Exceptions include attempted premeditated murder and other crimes that carry life imprisonment or death.

Attempted residential burglary is therefore punishable by not more than three years in prison and/or a maximum fine of $5,000.

Call Us Today if You are Facing Charges of Attempted Residential Burglary

Our attorneys at Wallin & Klarich want you to understand that the prosecution must prove every element of a crime beyond a reasonable doubt in order to convict you. This is why you need experienced legal representation from Wallin & Klarich during every phase of your case.

If you or someone you know has been arrested for attempted burglary in Ventura, you need to speak with one of our attorneys at Wallin & Klarich today. After examining all of the evidence against you, we can determine whether or not all of the elements of an “attempt” are present. Often, this is not the case. If so, we may be able to have your charges reduced or dismissed.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our attorneys at Wallin & Klarich have over 40 years of experience defending our clients charged with attempted burglary. Getting you the best possible result in your case is our highest priority.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.