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.
Call Today for Your Free Consultation: (888) 594-0660
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!