Tustin Burglary Defense Attorney

What Is Burglary?

attempted burglaryAs defined by California Penal Code Section 459, burglary is the unlawful entry into a structure with the intent to commit a crime. If you enter a business or home with the intent to steal or commit a felony, you can be charged with burglary even if you didn’t actually steal anything. If you’ve been accused of burglary in Tustin, you need a skilled defense attorney on your side if you want to avoid spending life behind bars. Contact our attorneys at Wallin & Klarich as soon as possible to see how we can help with your defense. 

Types of Burglary Charges First-Degree Burglary Charges 

First-degree burglary is charged as a felony in Tustin. In order to convict you of first-degree burglary, the prosecution must prove the following elements: 

  • You entered an inhabited house or dwelling. 
  • You intended to commit a felony or theft. 

Second-Degree Burglary Charges 

While first-degree burglary takes place in a residential structure, second-degree burglary takes place at any commercial or non-residential location. Second-degree burglary can be charged as either a misdemeanor or felony depending on your prior convictions or case circumstances. In order to convict you of second-degree burglary, the prosecution must prove the following elements: 

  • You entered a non-residential location. 
  • You intended to commit a felony or theft. 

Tustin Burglary Penalties 

Burglary convictions face tough penalties under the law, including jail time. Without a proper defense, you may be facing a long time behind bars. Under PC Section 459, the legal penalties for a burglary conviction depend on the degree.

Penalty for First-Degree Burglary 

The penalties for first-degree burglary in Tustin include the following: 

  • 2, 4, or 6 years in state prison 
  • A strike under California’s Three Strikes Law 
  • Felony probation 

Penalty for Second-Degree Burglary 

The penalties for misdemeanor second-degree burglary in Tustin include the following: 

  • Up to 1 year in county jail 
  • Up to $1,000 in fines 
  • Misdemeanor probation 

The penalties for felony second-degree burglary in Tustin include the following: 

  • 16 months, 2, or 3 years in state prison 
  • Up to $10,000 in fines 
  • Felony probation 

Defenses for Burglary 

With over 40 years of experience, our attorneys have successfully defended many clients accused of burglary in Tustin and throughout California. Some of the effective defenses that we have employed include the following. 

Lack of Intent 

One of the requisite elements for burglary is that you must have intended to commit a theft or felony before entering the residence or structure. If, for example, you were intoxicated when entering the location, our attorneys can argue that you did not have the intent to commit a crime before entering. As such, you do not meet the requirements to be found guilty of burglary. 


Sometimes, misunderstandings occur. If you had verbal or written permission to enter a building but your accuser was unaware, your attorney can argue this on your behalf. Similarly, if you are the owner of the property or personally know the owner, you cannot be convicted of burglary. In past cases, we have successfully used this defense to help our clients get their cases dismissed and avoid conviction. 


If you were not arrested at the scene of the crime, your attorney may be able to use an alibi as a defense. For instance, if witnesses reported that they saw someone matching your description entering your neighbor’s house but you were in another town, you have a solid alibi. We can present evidence to the court to support your story by gathering any receipts, texts, or other witnesses. If your alibi is strong, your charges will be dismissed and your freedom restored. 

Hiring a Tustin Defense Attorney | How We Can Help You 

When you are facing serious criminal charges in Tustin, you need a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe in four key aspects that set us apart from other firms: 

  1. Experience 
  2. Communication 
  3. Success 
  4. Credibility 

40+ Years of Experience Defending Burglary Charges 

With over 40 years of experience and offices throughout Southern California, our attorneys at Wallin & Klarich know the best strategies to use in the courtroom based on the specific details of each case. Our lawyers know how to use the most successful defense methods in even the toughest situations, often getting cases completely dismissed so that our clients have total relief. We are also familiar with the Southern California courts, having offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego. This allows us the additional advantage of knowing local prosecutors and judges. You, as our client, will undoubtedly benefit from our resources and knowledge.

24/7 Communication with Your Attorney 

We believe that communication and transparency are the foundation of success here at Wallin & Klarich. We guarantee that we will always be open and honest in our communications, and we are never more than a phone call or email away. We want to keep you updated on the details of your case and take time to listen to and address your concerns. With 24/7 open lines of communication, our attorneys are always here when you need us. 

Track Record of Success 

Our staff has a proven track record of success with thousands of clients spanning over 40 years. Because of the stigma of burglary charges and the potential for serious repercussions, you need a qualified and experienced defense attorney to help you achieve redress. We want you to be just as confident in our abilities, so we invite you to look at some of our clients’ success stories and big wins in the courtroom. 

Reputation and Credibility 

It can be challenging to choose the right law firm to defend you. Because our clients know we are committed to them, Wallin & Klarich has been a well-respected firm in the Southern California community for many years. Our team will continue to serve our community with integrity and excellence, and we hope that you will give us the chance to defend you as well. 


Discover how our skilled negotiators can help you fight a burglary charge. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

17592 Irvine Blvd
Tustin, CA 92780

(714) 730-5300
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