35+ Years Criminal Defense Experience in California

awards

Burglary Lawyer California PC 459 Defenses

Best Defenses to California Burglary

If you’ve been charged with burglary in Southern California, you will need to be defended by an experienced burglary lawyer at Wallin & Klarich. As with all criminal charges, the prosecutor has the burden of proving your guilt beyond a reasonable doubt. If the prosecutor cannot overcome that burden, then you cannot be convicted of the crime. Your criminal lawyers at Wallin & Klarich explain the best burglary defenses in California accordingly to California PC 459.

 

California PC 459 Defense 1: Failure to Read Miranda Warnings

A good defense for burglary that your Orange County Burglary Lawyer can raise on your behalf consists of supressing any confessions you have made if the arresting officer failed to read your Miranda rights.
Did the arresting officer fail to read your Miranda rights when you were arrested for burglary in California?

One of the defenses that your California burglary attorney may raise on your behalf consists of suppressing any evidence that resulted from improper questioning by the arresting authorities. For example, if an arresting officer fails to read you your Miranda rights, the prosecutor may not be able to use anything you said after the time of the arrest as evidence against you. Furthermore, under the “fruit of the poisonous tree” doctrine, any evidence discovered as a result of improper questioning may likewise be inadmissible in court. However, in order to challenge the failure to read your Miranda rights, you will need your criminal defense lawyer to file the appropriate motions to suppress your statements to the police

 

California PC 459 Defense 2: Illegal Search or Seizure

In addition, your California burglary lawyer may be able to raise another defense on your behalf based on illegal search or seizure. For example, the Fourth Amendment of the US Constitution protects its citizens from unlawful search and seizures. At the very least, the Fourth Amendment requires police officers to have probable cause and to obtain a warrant before searching your property for evidence. Any evidence obtained in violation of the Fourth Amendment is inadmissible in court. The fruit of the poisonous tree doctrine applies to illegal searches and seizures as well.  Determining whether evidence was obtained illegally is a complicated and fact specific area of law. An experienced burglary attorney will be able to help you understand whether this defense is available in your case.

 

California PC 459 Defense 3: Alibi

Also, if you were not arrested at the scene of the crime, your burglary defense attorney in California may help you defeat the burglary charges through the use of an alibi. For example, an alibi is a legal term for proof that you were at some other place during the time the crime took place. Usually alibis are established when some other person testifies, or states under oath, that they had personal knowledge that you were somewhere other than the scene of the crime when the burglary occurred.

 

California PC 459 Defense 4: Lack of Intent

In order to be convicted of burglary, the prosecutor must prove that you had the requisite intent to commit theft or a felony therein. If you entered a location without the intent to commit theft or a felony therein, you do not meet the elements of burglary under California law, and cannot be convicted of burglary. For example, you may be able to use the fact that you were intoxicated during the time of the alleged crime to defeat the element of intent. This “lack of intent” defense can only be established if you are represented by a skilled criminal attorney.

 

California PC 459 Defense 5: Consent

Consent may be a viable defense to burglary charges under California Penal Code Section 459. The two situations where consent can be used to defeat burglary charges are: (1) where the accused is the owner of the property; and (2) where the owner actively invites the accused to enter, knowing the illegal, felonious intention of the invitee.

 

Call the Burglary Attorneys at Wallin & Klarich Today

Partners 2015
Contact the burglary attorneys at Wallin & Klarich today

If you or a loved one is facing burglary charges in California and is in need of a strong and effective defense strategy, our criminal defense attorneys with years of experience in successfully handling burglary matters in California will be with you when you call to provide you with the help you need during this difficult time. We have offices in Orange County, Riverside, Los Angeles, San Bernardino, Ventura, Victorville, San Diego and West Covina.

Call us today at 877-4-NO-JAIL or fill out our confidential client information form for immediate assistance. We will get through this together.

Was This Article Helpful? Please Share it.

Contact Us

Get Help Now

If you or a loved one have been accused of a crime, now is the time to contact us.
  • This field is for validation purposes and should be left unchanged.

Related Testimonials

    "

    I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”

    View All
    "

    My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”

    View All
    "

    ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”

    View All
attorneys

Contact Us Now

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.
awards
Get In Touch
Contact Info
wklaw
17592 Irvine Blvd. Tustin, CA 92780 (714) 730-5300
(877) 466-5245
Counties

Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar

Ventura

Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai

Copyright © 2018 Wallin & Klarich - All rights reserved
California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.
X