Escondido Burglary Attorney
Defending Against Burglary Charges in California
When you face burglary charges in California, you need an experienced and knowledgeable attorney who will fight tirelessly to defend your rights and help you navigate the legal system. At Sterger Law Group, we have a dedicated team ready to provide aggressive representation and sound legal advice. Our Escondido burglary attorney is ready to help you achieve a favorable outcome.
Call Sterger Law Group today at (760) 280-7900 or contact us online to schedule a consultation with our burglary lawyer in Escondido.
What is Burglary?
Burglary is considered a serious criminal offense in California, and it is defined under Penal Code Section 459. In simple terms, burglary involves entering a building, structure, or vehicle to commit theft or any felony once inside without the owner's permission. It's important to understand that burglary charges can be filed even if the intended theft or felony does not occur. The mere act of unlawfully entering the premises with criminal intent is enough to warrant burglary charges.
- First-Degree Burglary: This involves entering a residential dwelling, such as a house or an apartment, intending to commit theft or a felony. First-degree burglary is considered a more severe offense and is typically charged as a felony.
- Second-Degree Burglary: Second-degree burglary encompasses entering any other type of structure, such as a commercial building or storage facility, intending to commit theft or a felony. It is also charged as a felony.
What are the Penalties for Burglary in California?
Burglary convictions in California can result in severe consequences, including imprisonment, fines, and a permanent criminal record. The penalties for burglary depend on various factors, including the type of burglary and the circumstances surrounding the crime. Here's a general overview of the potential penalties:
- First-Degree Burglary: Penalties may include two, four, or six years in state prison. The penalties can be more severe if the burglary involved a residential dwelling and a person was present during the offense.
- Second-Degree Burglary: Penalties may range from 16 months to three years in state prison.
In addition to imprisonment, those convicted of burglary may face fines, restitution to the victims, probation or parole, and the lasting consequences of a criminal record, which can affect employment and housing opportunities.
Defenses Against Burglary Charges
Some common defenses against burglary charges may include the following:
- Lack of Intent: If it can be proven that you did not have the intent to commit theft or a felony when entering the premises, it may be a valid defense.
- Lack of Evidence: Your attorney may challenge the prosecution's evidence and argue that they cannot prove your guilt beyond a reasonable doubt.
- Consent: If you had permission to enter the premises, it could be a valid defense against burglary charges.
- Mistaken Identity: If you doubt your identity as the perpetrator, your attorney can challenge the accuracy of witness testimony or surveillance footage.
- Fourth Amendment Violation: Your attorney may investigate whether law enforcement violated your Fourth Amendment rights during the investigation, such as an unlawful search or seizure.
What Is the Difference Between Burglary and Shoplifting?
Understanding the difference between burglary and shoplifting is crucial for anyone facing criminal charges. Burglary is defined as entering a structure with the intent to commit a crime, typically theft. This can include homes, businesses, and other buildings, regardless of whether force is used to gain entry. The key element of burglary is the unlawful entry and the intent to commit a crime inside, making it a more serious offense.
On the other hand, shoplifting is a specific form of theft that occurs in retail environments. It involves entering a store during business hours with the intent to steal merchandise. While shoplifting is technically a type of burglary, it is usually classified under a different legal framework, often resulting in lesser penalties. In California, for example, shoplifting involves stealing items worth $950 or less from a store, which is typically treated as a misdemeanor unless the individual has prior convictions or specific circumstances that elevate the charge.
The legal implications of burglary are generally more severe than those associated with shoplifting. A burglary conviction can lead to significant prison time and a permanent criminal record, while shoplifting may result in fines, community service, or probation. It is important for individuals charged with either offense to consult with a knowledgeable attorney who can provide guidance based on the specific details of the case. A clear understanding of these differences can impact the legal strategy and outcomes for defendants facing these charges.
Contact Our Burglary Lawyer in Escondido Today
At Sterger Law Group, we protect your rights, provide aggressive legal representation, and strive for the most favorable resolution possible. We will listen to your side of the story, assess your case, and outline the best action to defend your rights. Your future is at stake, and we are here to help you every step of the way. Reach out to Sterger Law Group today, and let our Escondido burglary attorney fight for your freedom and future.
Contact Sterger Law Group today to get started with our Escondido burglary attorney.
