September 17, 2010 By Matthew Wallin

Burglary Suspect Falls Through Ceiling and is Apprehended by Police – California Penal Code Section 459

As reported by KTLA.com, a burglary suspect in Pico Rivera was apprehended by L.A. County Sheriff’s deputies when he fell through the ceiling of a jewelry store and landed at their feet.Burglary_3

Sheriff’s deputies arrived at a boot repair shop on Whittier Boulevard in response to a burglar alarm that was triggered at approximately 6 a.m. on Saturday.

Upon arrival, the deputies noticed that a hole had been cut into the wall leading into a jewelry repair shop next door. With the aid of police dogs, the deputies also heard noises coming from the ceiling.

After demanding that the suspect come out, the deputies resorted to using pepper spray to force 23-year-old Jose Parada from the attic space in the ceiling. To avoid the spray, Parada attempted to crawl across the attic space and fell through the ceiling and landed at the feet of the deputies.

Consequences of Violating California Penal Code Section 459 PC

Under California Penal Code Section 459, a burglary occurs when a person enters a structure with the intent to commit a felony or theft once he/she is inside.

In California, a PC 459 offense is categorized as either first degree or second degree burglary. First degree burglary is commonly referred to as “residential burglary” and is the more serious offense, which brings with it penalties including imprisonment for up to six years in state prison and a maximum fine of $10,000.

A conviction for second degree burglary, or “commercial burglary,” may bring with it punishments that range from up to one year in county jail to three years in state prison. The primary difference between first degree and second degree burglary is the question of whether the invaded structure was inhabited at the time of the burglary. A structure is considered inhabited if it is being occupied as a living space or sleeping quarters.

Call Wallin & Klarich Today If You are Accused of Burglary

If you are facing burglary charges, the legal repercussions can be costly, so it is very important that you contact an experienced criminal defense attorney. At Wallin & Klarich, our Southern California robbery attorneys have over 40 years of experience in handling burglary cases. We will fight to ensure the best possible results for you in your case.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

AUTHOR: Matthew Wallin

Matthew B. Wallin is an experienced and knowledgeable attorney at Wallin & Klarich. He approaches each case as an opportunity to help an individual at a time when they need it most and understands that he is the one they have turned to for help.   Mr. Wallin has represented hundreds of our clients in cases involving DUI and DMV hearings, domestic violence, assault and battery, drug crimes, misdemeanors and serious felonies. With extensive experience handling DUI cases, Mr. Wallin is one of the premiere DUI defense attorney in Southern California.

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