Burglary Cases

California criminal defense attorney Thomas Wallin can defend you if you have been accused of a burglary. The law defines burglary under Penal Code Section 459 as “unlawfully or lawfully entering a building with the specific intent to steal something or commit a felony.” The burden of proof for the state is proving that you had the intent to steal something or commit a felony when entering a building. The state only has to prove intent and does not have to prove that you actually stole something or committed a felony.  An example of burglary is entering a building with the intent to vandalize or entering a building with the intent to steal.

The two types of burglary under California law are first degree and second degree burglary. First degree burglary is always a felony and a strike. Second degree burglary which can be charged as a misdemeanor or a felony is not a strike. First degree burglary happens when a burglary is alleged to have been committed in an inhabited dwelling (a home where people are present) during the burglary.

The penalties in California for burglary are varied and can include the following: probation, two years, four years or six years in state prison. When you receive probation, you could serve no jail time, or get up to a maximum of 365 days in a county jail. If you are denied probation, you are sent to state prison for a minimum of two years, and up to a maximum of six years. Residential burglary is always a ‘strike.’ When you have a strike on your record, you must serve 85 percent of any jail or prison sentence, and strikes have potentially immense consequences if future felonies are committed. California law states that if another felony is committed by a person with one strike, he or she will serve no less than 80 percent of any jail or prison time and the potential prison sentence will be doubled. For example, if you have a prior residential burglary and then get another residential burglary, your maximum sentence doubles from six years to twelve years. If you have two strikes and commit any type of future felony, you can spend the remainder of your life in prison. The three strikes law says that if you have three felony convictions, you are incarcerated in jail for the rest of your life without the possibility of parole.

First degree burglary and residential burglary are serious criminal charges which are taken very seriously by the District Attorney and the courts. California criminal defense attorney Thomas Wallin will always try to reduce your first degree burglary charge to a less serious second degree burglary to avoid potential jail time or reduced jail time.

The criminal charges differ for a person charged with second degree burglary. The law states that second degree burglary is any burglary that does not take place in an inhabited dwelling place. Commonly called “commercial burglary,” a second degree burglary usually takes place in a business. If you had the intent to steal when you walked into a business, the resulting charge is second degree burglary.  Commercial burglaries can be charged as misdemeanors when the value of the property taken is less than $400. When the value is over $400, the burglaries will be charged as felonies. So, if you walk into a store and steal breath mints, you can be charged for misdemeanor commercial burglary. Although, the maximum penalty for misdemeanor commercial burglary is typically one year in the county jail, the penalties can be much less than that if you have a good attorney. When the value of the property is over $400, you will most likely be charged with a felony. California criminal defense attorney Thomas Wallin can reduce the felony to a misdemeanor in some cases, where the penalties for felony commercial burglary can include the following: probation, probation with up to one year in the county jail, or 16 months, two years or three years in prison. Because commercial burglary is not considered a strike, you will be allowed to serve just 50 percent of any prison sentence granted by the courts.

Again, the main issue for burglary is intent. The burden of proof to prove intent lies with the state. So, if the state can’t prove intent to steal beyond a shadow of doubt, then charges can be dismissed or the defendant will be found not guilty at trial. However, if the state can prove intent to steal using the evidence obtained from the crime, then there is still an avenue that a California criminal defense attorney can use to avoid a client’s serving actual jail time. An accused person must show remorse for having committed the crime and pay back the victim(s). This could result in a reduced sentence for the defendant.

If the defendant has a prior criminal record for theft, especially burglaries, the court sentencing will typically be more severe. If the defendant has no prior record, then sentencing can be greatly reduced. California criminal defense attorney Thomas Wallin gets probation for the vast majority of his clients with an opportunity for clients to have sentencing of community service, home arrest, or a specified work program as opposed to serving actual jail time.

Contact us about your criminal defense matter!