What is Burglary?

burglary attorneyThe crime of burglary occurs when someone illegally enters a structure with intentions of committing a theft or felony. It’s essential to understand that the state doesn’t have to prove you stole something, as long as there’s evidence of your intentions to commit a felony prior to entering the building. Since a burglary conviction carries serious legal penalties and personal consequences, you need to prepare the strongest possible defense.  

You should not waste any time hiring a skilled Victorville attorney. However, make sure you choose a law firm with a strong reputation and sufficient experience. Doing so will ensure you have an effective defense. Our burglary attorneys at Wallin & Klarich have defended clients accused of burglary in Victorville for over 40 years. We have the experience and specialized skills necessary to help you put up the best fight. Call our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for your free legal consultation. 

First-Degree Burglary Conviction | Elements Of The Crime

A first-degree burglary occurs when you illegally enter a residence or dwelling. Because the crime presents a danger to the public, you should expect aggressive prosecution. However, our knowledgeable attorneys will chip away at the prosecution’s case against you by targeting each element of the crime. For a first-degree burglary conviction, the Victorville prosecutor must prove :

  1. The structure that you entered meets the requirements of a residence according to PC 460(a).  
  2. You did not have permission from the owner and illegally entered the home or residence. 
  3. When you entered the building, you planned on committing a theft or felony inside the home. 

Second-Degree Burglary Conviction | Elements Of The Crime

A second-degree burglary occurs when you illegally enter a non-residential structure in Victorville, such as a shop, business, or warehouse. Because of this, it is also referred to as commercial burglary. You may face misdemeanor or felony charges depending on what the prosecutor decides after reviewing the details of your case. Certain factors lead to felony second-degree charges in the majority of cases, including:

  • Past burglary or violent convictions
  • Probation for prior conviction at the time of the burglary
  • Making threats against the owner prior to committing the burglary (within 30 days) 

For a conviction, the Victorville prosecutor must prove: 

  1. You entered a non-residential structure and did not have prior permission from the owner. 
  2. You intended to commit a felony prior to entering the structure. 

Related Charges | Possession Of Burglary Tools PC 466

The prosecution can also charge you with possession of burglary tools if the police find you with tools commonly used to illegally enter a structure, such as a tension bar, screwdriver, flashlight, pliers, bolt cutters, or other lock pick tools. 

Victorville Burglary Penalties | Consequences of Conviction

The consequences of a burglary conviction can affect your life for years to come. You’ll not only face life-changing legal penalties, but you also carry this mark on your record for the rest of your life. The court decides how much time you will spend in jail or prison by examining the circumstances of your case. Below, you’ll find the penalties for first-degree and second-degree burglary in Victorville, as outlined by California Penal Code 459. 

First-Degree Felony Burglary

A first-degree burglary conviction is a felony offense covered under California’s Three Strikes Law. This means you’ll have a strike on your record, and you could face increased legal penalties for this conviction and future felony offenses. With one prior strike on your record, your sentence can double, and the court can sentence you to 25 years to life for your third strike in Victorville. You’ll find the standard penalties for first-degree burglary below: 

  • Two to six years in prison
  • Strike 
  • Felony probation 

Your attorney will review your case and look for factors to reduce your sentence. These are known as mitigating factors. Our burglary attorneys have had felony sentences reduced to felony probation and 90 days to a year in county jail, which helped our clients avoid a lengthy prison sentence. Some of the mitigating factors we’ve used in past first-degree burglary cases include: 

  • Clean criminal record. 
  • Mental or physical disabilities that impaired our client’s judgment
  • Severe addictions
  • Minimal role in the burglary.
  • Did not damage property or injure residents 
  • Burglary was their attempt to provide for their family
  • Remorse for crime

Second-Degree Felony Burglary

With Wallin & Klarich on your side, you’ll have a better chance of reducing your felony burglary charges. Because we are familiar with the Victorville prosecutor, we know how to negotiate with them. If a loss of $950 or less was involved, the prosecution is more likely to negotiate with us. This will help you avoid the serious legal penalties of a felony second-degree burglary conviction in Victorville, which can include:

  • 16 months to 3 years in prison
  • $10,000 fine
  • Felony probation

Second-Degree Misdemeanor Burglary

A misdemeanor burglary conviction carries the following penalties in Victorville: 

  • One year in jail 
  • $1,000 fine
  • Informal probation

Burglary Tools PC 466

You could also face the following penalties for possessing burglary tools: 

  • Six months in jail
  • $1,000 fine 
  • Informal probation 

Professional and Personal Consequences 

You’ll endure harsh judgment from others due to the stigma attached to burglary. In the age of Google, acquaintances could quickly discover your record, even if you don’t disclose your conviction. This could interfere with your current and future relationships. On top of this, employers may be reluctant to hire you, limiting your career options. When the financial and personal problems pile up, many people in your situation struggle to rebuild their lives after conviction. However, you can take the first step toward avoiding a burglary conviction today.  

By consulting with our skilled burglary attorneys at Wallin & Klarich, you put yourself in the best position to win your burglary case. For over 40 years, our meticulous defense strategies have helped thousands avoid wrongful convictions in Victorville and throughout Southern California for over 40 years. Our defense firm has built a solid reputation you can trust with reasonable rates, affordable payment plans, and extensive knowledge. Contact us today to receive your free consultation!

Defeat Burglary Charges | Possible Defense Strategies

You need a strong burglary defense that withstands aggressive prosecution and persuades the court of your innocence. You may not receive the one-on-one attention you deserve with other law firms. However, you depend on our burglary lawyers at Wallin & Klarich. We meticulously investigate your case and consider every detail when creating your defense. Moreover, we have the presentation skills and passion for the law to deliver a powerful argument. Below, you’ll find a few of the best defenses for burglary that we could use in your case.

Lack Of Intent

A burglary conviction requires evidence of your intent to commit a theft or felony prior to entering the structure. Your Wallin & Klarich attorney will challenge this fact and weaken the prosecution’s allegations against you. 

For example, you attend a bachelor party and have too much to drink. Your friends drop you off at your apartment building, and you enter a neighbor’s apartment, thinking it is yours. The cops arrest you for burglary because the neighbor claims you stole money. 

However, your Wallin & Klarich attorney could argue that the incident was a mistake. You never intended to steal anything prior to entering the apartment. 

Permission

If you were arrested for burglary even though you had the owner’s permission, we could argue for a dismissal of your case on these grounds. We could present witnesses or other evidence such as texts or phone calls to prove your innocence. Consult with our attorneys and find out how we can help get your burglary case reduced or dropped in Victorville. Call us today for your free legal consultation! 

Alibi

When the police arrest you at your home or some other location besides the crime scene, an alibi is an effective defense. For example, you are walking down the street when the police stop and arrest you for a burglary two blocks over. 

However, when they alleged you committed the crime, you were inside a convenience store chatting with a few friends. We can present video evidence and witnesses to prove this fact. 

Choosing A Top Burglary Defense Attorney | We’ll Fight For You

Wallin and KlarichWith so many defense lawyers competing for your attention, it’s easy to get overwhelmed or choose the wrong one. When you choose a defense attorney, you need to evaluate what they can do for you. Do they have experience and a solid track record? Are your best interests their priority? Don’t just take their word for it. Consider how they make you feel as well. Wallin & Klarich has years of experience fighting legal battles and working with clients. It’s easy for us to articulate what we bring to the table that separates us from other defense firms. We are known for the following characteristics:

  1. Trusted Legal Advocates
  2. Exceptional Negotiators
  3. 40+ Years of Practice 
  4. Specialized Legal Expertise 

Trusted Legal Advocates | The Wallin & Klarich Difference 

You need to be able to trust your defense attorney. It’s bad enough to worry about the prosecution without stressing about your defense team. With Wallin & Klarich, you never have to question our loyalty. You’ll receive one-on-one attention and genuine care when you visit our office. We are here for you when you need us, and we’ll fight for your best interests.

Exceptional Negotiators | 40+ Years of Success

You need a criminal defense lawyer who understands the best way to negotiate inside and outside court. We’ve honed our negotiation skills during our 40+ years of practice, and we continuously strive for excellence. Find out how our expert negotiators can help you defeat false accusations of burglary in Victorville, CA. Contact us today toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a local burglary attorney that you can trust! 

We’re here to help you!  

15437 Anacapa Road
Suite 12
Victorville, CA 92392
(760) 245-3045
(888) 749-0034
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