Burglary and Assault with a Deadly Weapon – California Penal Code Section 459 & 245(a)(1)

Carey Lynn Barton from Escondido, California was recently arrested as reported by San Diego 10 News. 47-year-old Barton was charged with “suspicion of residential burglary, assault with a deadly weapon, battery and dissuading a witness.” Police believe Barton broke into the home of an elderly woman on East Vista Way. The elderly woman told police that Barton threatened her with a knife by putting it to her neck and then hit her in the face. She also told police that the burglar used a belt in an effort to strangle her before stealing and driving off in her car.

There are a number of crimes implicated here, but the charges of burglary and assault with a deadly weapon are most prominent. California Penal Code section 459 defines burglary as entering a structure with the intent to commit a crime (such as theft) once inside. California Penal Code section 245(a)(1) defines an assault with a deadly weapon as an unlawful attempt to cause bodily injury to another with a weapon or any means of force that is likely to cause death or great bodily injury. Holding a knife to a person’s neck, for example, constitutes an assault with a deadly weapon. These charges are extremely serious felonies. If convicted, Barton would be facing many years in prison

If you are facing charges of burglary or assault with a deadly weapon, make sure you speak with an experienced Southern California criminal defense lawyer immediately. Due to the serious nature of the crimes, you will need an experienced lawyer to assist you in planning the best legal defense possible. At Wallin & Klarich, we have been representing those accused of burglary and assault with a deadly weapon for over 40 years. Call us today at 888-749-0034.

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