Riverside Burglary Defense Attorney
What is Burglary?
Burglary is the unlawful entry into a structure with the intent to commit a crime. Under California Penal Code Section 459, you don’t have to steal anything to be charged with burglary. If you enter a business, home, or any other location with the intent to steal or commit any felony, you can be charged with burglary in Riverside.
If you’ve been accused of burglary in Riverside, you need experience and skill on your side. It’s crucial for you to consult our experienced attorneys at Wallin & Klarich as soon as possible. For over 40 years, we’ve successfully defended clients charged with burglary in Riverside. We’ll help you avoid a lengthy jail sentence and a possible strike on your record! Contact us today to get started on your defense!
What Must Be Proven | First Degree Burglary
First-degree burglary in Riverside is considered a felony. Under California PC 459, the prosecutor must prove each of the following to convict you of this charge:
- You entered a home or room.
- The burglary took place in an inhabited dwelling, house or residence.
- You intended to commit a felony or theft inside the inhabited dwelling before entering.
What Must Be Proven | Second Degree Burglary
While first-degree burglary takes place in a residential structure, second-degree burglary, also known as commercial burglary, occurs at any other non-residential location. Under California PC 459, the prosecution must prove two elements to convict you of second-degree burglary, which include:
- You entered any nonresidential location or space including but not limited to: a shop, warehouse, store, barn, outhouse, shed, vessel, railroad car, aircraft, or mine.
- You intended to commit a felony or theft inside the location or space before entering.
In Riverside, second-degree burglary can be charged as a felony or misdemeanor. The prosecution may decide to charge you with second-degree felony burglary instead of a misdemeanor for several reasons including:
- You are on probation at the time you’re charged.
- You have prior convictions on your criminal record.
- Within 30 days of making a threat against the owner of the property, you entered the property.
Burglary Punishments & Sentencing | What You’re Facing
If you’re convicted of violating PC 459 in Riverside, your punishment will depend on whether you’re convicted of first-degree or second-degree burglary. While first-degree burglary is always a felony, second-degree burglary can be a felony or a misdemeanor. The prosecutor decides what to charge you with according to the details of your case and your criminal history.
First Degree Felony Burglary
First-degree burglary is classified as a felony. A conviction of this nature is very serious. If you’re convicted of first-degree burglary, you face the following penalties:
- A sentence of two, four, or six years in state prison
- Strike on your record – Under California’s Three Strikes Law, first-degree burglary counts as a strike offense. If you have prior strikes, your prison will significantly increase. If you already have two strikes on your record, you face 25 years to life for your third strike.
- Felony probation – If your attorney can show mitigating factors in your case, the judge may sentence you to probation and 90 days up to a year in county jail. This is one of the many reasons to hire our experienced attorneys at Wallin & Klarich. Some mitigating factors that our attorneys may show to help you receive probation instead of a lengthy prison sentence include:
- You have no criminal record.
- You suffer from a mental or physical condition that reduces your responsibility for the crime.
- You avoided harming people or property.
- You were attempting to provide necessities for your family.
Second Degree Felony Burglary
Because the prosecutor decides what charges fit your case, it’s very important to hire proper representation for your burglary charge in Riverside as soon as possible. Our skilled defense attorneys may be able to convince the prosecutor to reduce your second-degree felony burglary charge to misdemeanor burglary in Riverside. This is especially true if your case involves a loss of value less than $950. If you are convicted of second-degree felony burglary, you face the following punishments:
- 16 months, 2, or 3 years in state prison
- A maximum fine of $10,000
- Felony probation
Second Degree Misdemeanor Burglary
The penalty for second-degree misdemeanor burglary in Riverside is much less severe than felony burglary. If convicted, you face the following sentencing for second-degree misdemeanor burglary in Riverside:
- Up to one year in a County Jail
- A fine of up to $1,000
- Misdemeanor probation
Professional and Personal Consequences
Aside from time spent behind bars, a burglary conviction can also have a significant impact on your professional and personal life. Having a criminal record can prevent you from getting a decent job. In some cases, it may even cost you your current position. The fines and fees associated with your burglary conviction add even more stress to an already overwhelming situation. Your friends and family members may judge you for your burglary charge or conviction, which can damage your relationships and make you feel alone.
At Wallin & Klarich, we understand what you’re facing and just how much is at stake. Our skilled attorneys have successfully defended clients accused of burglary in Riverside for over 40 years. With our knowledge and expertise, you’ll have a much better chance of success in court. Contact us today to learn more about how we can help you avoid conviction and jail!
Possession Of Burglary Tools | PC 466
Possession of burglary tools is often charged along with burglary in Riverside. Under PC 466, possession of burglary tools with the intent to break into any structure is a misdemeanor crime. Some examples of burglary tools include but are not limited to:
- Slide Hammer
- Slim jim
- Tension bar
- Lock pick gun
- Tubular lock pick
- Master or bump key
PC 466 Penalties & Sentencing | What You’re Facing
If you’re found guilty of possessing burglary tools in Riverside, you face the following penalties for violating PC 466:
- A sentence of up to six months in county jail
- A maximum fine of $1,000.
Fight Back | Possible Defenses Against Burglary Charges
If you are charged with burglary in Riverside, you may feel like you’re fighting an uphill battle. Hiring our attorneys at Wallin & Klarich will make your battle in court much easier. We have represented many clients facing burglary charges in Riverside and throughout Southern California for over four decades, and in many cases, we’ve been able to get burglary charges reduced or dismissed. With our experience and legal skills, you are guaranteed strong representation. To persuade the court of your innocence, we will listen to your side of the story and investigate the details of your case. We have pinpointed some of the best defenses for burglary charges in Riverside, which include but are not limited to:
Lack Of Intent
The prosecutor must prove beyond a reasonable doubt that you intended to commit theft or a felony before entering the structure or residence. For example, our attorneys have successfully argued our clients were intoxicated when they entered a location and did not have the intent to commit any crime before entering. Even if you decide to steal after entering the building, you can’t be found guilty. To convict you of burglary, the prosecutor must prove your criminal intent before entering.
If you had verbal or written permission to enter the building, we will present this to the court in your defense. Sometimes this misunderstanding occurs when you are the owner of the property or personally know the owner. We’ve used this defense in other burglary cases with successful results. If we succeed in convincing the court that you had permission, you will avoid conviction and jail time.
If you were not arrested at the scene of the crime, an alibi is a solid defense in your burglary case. For example, a witness says they saw someone matching your description breaking into the neighbor’s house, so the police come to your house the next day and charge you with first-degree burglary in Riverside. However, you were in another town, buying a car with your brother. We can present your brother and receipts from the other town to support your story and prove you were nowhere near the location where the burglary occurred. If successful, an alibi defense can get your charges dismissed and help you avoid spending a long time behind bars.
Hiring A Burglary Defense Attorney | How We Can Help You
When you’re facing serious charges like burglary, it’s extremely important to hire a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe four (4) key aspects separate an average attorney from the best defense attorney.
- Track record
- Ethos – Credibility
Wallin & Klarich | 40+ Years of Experience Defending Burglary Charges
With over 40 years of experience defending clients accused of burglary, our attorneys at Wallin & Klarich understand the different strategies that work in the courtroom based on the details of each case. We are also familiar with the prosecutors, which gives us the advantage of knowing their strategies as well. Our real-world experience allows us to craft a strong defense, greatly increasing your chance of success.
24/7 Communication With Your Attorney | The Wallin & Klarich Way
At Wallin & Klarich, communication and transparency are the foundation of our success. It’s easy for clients to get lost in all the paperwork and legality. We want you to know what’s happening with your case, so we keep communication open and honest, taking the time to listen and address your concerns. This is why so many people choose our attorneys when they’re facing accusations of burglary in Riverside. With 24/7 lines of communication and expert guidance throughout their legal journey, our clients are happier and more well-informed. Working together, we’re able to achieve the best results.
Let’s begin building the strongest defense for your case. Give us a call at (877) 4-NO-JAIL.
Track Record of Success | Wallin & Klarich History of Winning Cases
Anyone can say they’re successful, but the results speak for themselves. We want you to be just as confident in our abilities as we are, so we invite you to look at some of our client’s success stories and big wins in the courtroom.
Reputation & Ethos | Wallin & Klarich A Reputation You Want on Your Side
With hundreds of lawyers claiming to have experience defending clients facing burglary charges in Riverside, it is challenging to choose the right law firm to defend you. For more than 40 years, we’ve defended cases involving burglary, and many of our cases have been featured on television, in newspapers, and throughout the internet. Check out some of our most notable cases below.