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Being investigated
for or charged with burglary is a potentially life-changing
situation. Burglary is a complex area of the law and
it is aggressively prosecuted in Los Angeles County.
A burglary conviction can result in significant penalties,
including imprisonment. If you have been charged with
burglary, your defense attorney must be experienced,
sophisticated, well armed with the facts and knowledgeable
in California burglary law in order to best serve
you. Contact
the Law Office of Kenneth H. Lewis & Associates
today to schedule an appointment with a skilled Los
Angeles burglary lawyer.
California Burglary Law
According to California Penal
Code section 459, any person who enters a building,
vehicle, vessel or cargo container, intending to commit
a theft (i.e., petty theft or grand theft) or a felony
is guilty of burglary. In California, burglary can
be charged as either a felony or misdemeanor depending
on the circumstances of the case or the defendant’s
criminal history. First degree burglary (burglary
of an inhabited dwelling, often referred to as “residential
burglary”) is always charged as a felony. Second
degree burglary (commonly referred to as “commercial
burglary”) is any other type of burglary.
Burglary Defenses
There are a variety of defenses
that an experienced burglary attorney can assert on
a client’s behalf. For example:
- Lack of intent to commit
a theft or felony (e.g., the defendant did not enter
the store intending to shoplift a sweater, but took
it on impulse.)
- Mistake of fact (e.g., the
defendant thought that the item taken from a person’s
home belonged to him, or he had permission to take
it.)
- Innocence (e.g., the defendant
did not commit the burglary, but has similar looks
to the real offender, and has been falsely arrested.)
- Consent (e.g., the owner
said you could take it.)
Police officers and prosecutors
make mistakes just like anyone else. An experienced
criminal defense attorney can quickly identify possible
defenses and get wrongful burglary charges dismissed
as quickly as possible.
Burglary Sentencing
Burglary sentencing in California
depends largely on the circumstances of the alleged
burglary.
- First Degree Burglary (Residential
Burglary) Sentencing -- imprisonment in the state
prison for two, four, or six years and a maximum
fine of $10,000.
- First degree burglary
is a “strike.”
- 85% of a first degree
burglary sentence must be served, regardless
of good behavior.
- Second Degree Burglary (Commercial
Burglary) Sentencing
- Misdemeanor commercial
burglary -- up to one year in county jail and
a maximum fine of $1000.
- Felony commercial burglary
-- 16 months, two or three years in state prison
and a maximum fine of $10,000.
Having a prior criminal record
can increase the sentence. In addition to fines and
imprisonment, a burglary conviction can result in
an order for restitution of the value of the victim’s
property, and a criminal record that can have life-long
consequences.
Is burglary the same as “breaking
and entering”?
Yes and no. While
prosecutors often refer to burglary as “breaking
and entering,” California law contains no requirement
that a “breaking” occur. The term has
survived from old common law that required a forced
entry into a structure. Although force is no longer
required, the prosecution still must prove that the
defendant “entered” the property. What
constitutes an entry can become complicated. According
to California burglary law, an entry occurs when any
part of the defendant’s body crosses the outer
limits of a structure or when any object under the
defendant’s control has crossed them. Therefore,
when a person reaches into a window and steals a purse,
uses a flashlight to case someone’s home or
uses some sort of device to remove property, it is
considered an entry.
When can shoplifting be charged
as commercial burglary?
When the defendant entered
the store intending to steal something. According
to California law, commercial burglary is entering
a structure other than a residence with the intent
to commit a theft or a felony. Stealing merchandise
from a store can be charged as either a theft crime
or commercial burglary. If the suspect intended to
steal something when he entered the store, it is burglary.
If not, it is generally charged as theft. If there
was no intent and the merchandise was worth less than
$400, it is petty theft, a crime that carries a significantly
lesser penalty than burglary. There are a variety
of ways to prove intent, for example, entering a store
with extra empty bags, a scissors to cut off tags,
concealed pockets, no money or credit cards.
What should I do if I am charged
with or being investigated for burglary?
- Invoke your Miranda rights
to remain silent, request an attorney and then say
nothing.
- If you have been arrested
in Los Angeles, contact an experienced Los Angeles
criminal defense attorney who can help you try to
arrange for bail.
- As soon as you are released,
arrange for a meeting with an attorney knowledgeable
in burglary cases.
- Do not speak with the police
if they contact you after you have been released;
have them talk directly to your attorney.
Building a Strong Defense
to Burglary Charges
With burglary charges, "open
and shut" cases are rare. But the evidence in
burglary cases is often incriminating, especially
when the police find stolen items in the defendant's
home, automobile or personal possession. However,
at Kenneth H. Lewis & Associates, we have the
experience, resources and skill to provide each client
with aggressive and effective burglary defense representation.
We believe that the best defense is one that is based
on thorough investigation of the circumstances leading
to the burglary charges. We examine the evidence,
interview potential witnesses and work closely with
our clients to build the strongest defense possible.
We also make every attempt to have illegally obtained
evidence suppressed and to prevent inappropriate witness
testimony – the less evidence the prosecution
has to use against a burglary suspect, the better.
In some cases, it makes sense to negotiate for a reduced
charge. Hiring a lawyer who knows how to negotiate
a felony burglary charge down to misdemeanor burglary
or petty theft can mean the difference between imprisonment
and community service. We understand the criteria
that the Los Angeles prosecutors and the courts use
in burglary cases and aggressively negotiate the best
outcome possible.
Everyone makes mistakes. Don't
let a mistake jeopardize your future and your freedom.
Consult an experienced Los Angeles burglary defense
attorney to protect your rights.
Arrested
for Burglary?
Call Los Angeles burglary attorney Ken Lewis for a
free consultation at:
213-624-4904, day or night.
LAW OFFICES
OF KENNETH H. LEWIS & ASSOCIATES
633 West Fifth Street, 26th Floor
Los Angeles, CA 90071
TELEPHONE: 213-624-4904
E-MAIL: Kenlewis@losangeleslegaldefense.com
FAX: 213-623-7301
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