Burglary Defense Lawyer in Anaheim, CA

How Burglary is Defined Under California Law

Burglary as a criminal offense often combines the crimes of trespassing and theft. This can involve breaking and entering, or simply entering another person's property with the intent to deprive the owner of their property. A person can actually be charged with burglary even if nothing was stolen from the premises. A key component of this crime is that there was intent to commit a theft crime or felony once inside the premises. Our firm can help build a strong defense for those who have been arrested for burglary and are now facing a conviction and the ensuing penalties.

In order to be convicted of this crime, the prosecutor must also prove that you actually entered the building or structure in question. This can also potentially serve as a defense in your favor if your criminal defense attorney in Orange County can present cause for reasonable doubt that you did not actually enter the premises. To constitute entering the premises, any part of a person's body has to cross the outside perimeter of the location in question. Entry can also include the use of an object as a tool to gain access to items within the boundaries of the premises.

California Penal Code § 458-464

According to Penal Code 460, you could either be charged with burglary in the first or second degree, depending on the type of property that was burglarized, as well as whether or not it was inhabited. While both can be prosecuted as felonies, second degree burglary is typically a misdemeanor.

  • First Degree Burglary: this is a felony offense. The main difference with this type of burglary is that it involves theft (breaking and entering) of an inhabited dwelling. This can include burglarizing a home, floating home or trailer coach, even if no one was there at the time.
  • Second Degree Burglary: in many cases this is a misdemeanor, but it can be prosecuted as a felony in some cases. To sum up this type of burglary, it is basically any other type of breaking and entering (or entering a premises without permission) involving an uninhabited dwelling.

Penalties for Breaking and Entering

According to § 461 of the California Penal Code, first degree burglary is punishable by imprisonment in state prison for two, four or six years, depending on the specific factors involved in the case. On the other hand, second degree burglary, a misdemeanor, is punishable by imprisonment in county jail for a maximum of one year, or imprisonment as allotted in § 1170 of the penal code.

If you have been arrested for burglary, either in the first or second degree, understand that it is extremely rare to be granted probation. According to § 462 of the penal code, probation is typically only granted in cases where the interests of justice would be served this way. The court must explicitly state the reason for this decision, which is why experienced legal counsel will be crucial.

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Remember, your case is not hopeless simply because you have been arrested. There may be evidence against you, but The Law Office of Barney B. Gibbs is here to help. Our firm can offer a strong defense and more than 30 years of experience so that you can have a fair chance to receive the results you deserve. To learn more, call the firm today and receive a free evaluation of your case.

Our lead criminal defense attorney has already defended more than 2,500 clients throughout Orange County; call today to find out what he can do for you! The Law Office of Barney B. Gibbs even offers financing options, so you would have nothing to lose by taking the first step today. There is no reason to fight your charges alone when help is just a phone call away. Call now!