Burglary Under the Influence
I was arrested for with burglary of an occupied residence about two weeks after I was Baker Acted the same evening. I was under the influence and lost sight of reality and don't remember what happened. Can the Baker Act help my case? Should I have been arrested?
Read MoreA friend was charged with robbery when he broke into a home he thought was empty. A resident woke up and fired a shot at him. Is this robbery or burglary?
The answer depends on the reaction to the crime by the resident of the home and whether any of that person’s property was actually taken by your friend. California burglary law, under Penal Code 459, requires that your intended to commit a petty theft, grand theft, or other felony once inside. It isn't necessary for the prosecutor to prove that your friend actually committed the intended crime, only that he…
Read MoreWhat is the difference between 1st and 2nd degree burglary?
First-degree burglary is the burglary of an inhabited house or dwelling. First-degree burglary is always a felony in California. Second-degree burglary is commonly referred to as commercial burglary. Second-degree burglary includes all burglaries that are not first-degree. The most common type of second-degree burglary is theft from a retail store.
Read MoreCan I use the fact that I was under the influence of drugs and alcohol when I burglarized a home as a defense to the charge of burglary in court? Will the fact that I am now attending drug and alcohol rehab help my case?
Burglary While Under The Influence Burglary of a person’s residence is what is known as a first degree felony burglary. To be convicted of this crime a prosecutor must prove that you broke and entered into the home with the specific intent of committing theft or a felony. When you are charged with a specific intent crime, the jury can consider evidence that you were intoxicated or under the influence…
Read MoreHow long does the DA have to prosecute me for burglary?
If you are being accused of a first degree burglary then you are facing up to six years in state prison and a strike offense. If you are facing second degree burglary you are facing up to three years in jail. In either case the DA must file formal charges against you within three years of the date of the alleged crime. However, remember they do not have to arrest…
Read MoreCan the District Attorney file a felony burglary charge against me if the charges were already dismissed one time? (PC 459)
The answer is unfortunately they probably can. The law in California allows the prosecutor to file felony criminal charges a maximum of two times so long as you have not been found not guilty by a jury. What this means is so long as the District Attorney refiles the charges within the statute of limitations period (which is three years for a felony burglary charge) then you will have to…
Read MoreOur son has just been arrested for burglary. He has no prior record. What punishment is he facing?
Your son is either facing first or second degree burglary charges. If he is alleged to have entered a residence with the intent to commit a crime in the home, he is facing the most serious type of crime, a “strike offense”. He is facing up to six years in prison and if he is found guilty and sentenced to prison he must do 85% of his time and then…
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