Burglary, defined in Penal Code section 459 (459 P.C.) is a serious offense that can result in lengthy prison sentences and significant fines, especially if the alleged crime involved a deadly weapon or other aggravating circumstances. Do not take these charges lightly – you need an experienced San Diego burglary defense lawyer in your corner.
Our burglary defense attorneys have successfully defended many clients facing first-degree, second-degree, and related charges. We know how to scrutinize the prosecution’s evidence, assert your legal rights, and develop a strong defense strategy aimed at getting the most favorable outcome. Assert your right to a competent defense—contact David P. Shapiro Criminal Defense Attorneys today.
Our state divides burglary into two categories: first-degree burglary (residential burglary) and second-degree burglary (commercial burglary).
Here’s what you need to know about each.
First-degree or residential burglary involves entering an inhabited dwelling, such as a house or apartment, intending to commit theft or a felony.
The state always charges this type of burglary as a felony and carries a potential sentence of up to six years in state prison.
First-degree burglary is a “strike” felony under California’s Three-Strikes Law.
Second-degree or commercial burglary involves entering a commercial property, like a store or office building, or a locked vehicle intending to commit theft of a felony.
Prosecutors charge second-degree burglary as either a misdemeanor or a felony, depending on the case’s specific circumstances.
Under California Penal Code § 461, a misdemeanor conviction can result in up to one year in county jail, while a felony charge can lead to a sentence of up to three years in prison.
It’s important to note that the state can charge second-degree burglary charges as a felony when aggravating factors exist, such as using a weapon or violence during a burglary or when a victim was hurt during the alleged offense, in addition to those additional charges.
We carefully analyze all the evidence in your case and develop a sound defense strategy when you work with our San Diego criminal defense law firm.
This due diligence may involve:
David P. Shapiro Criminal Defense Attorneys will work tirelessly to identify testimony, documents, video footage, and other physical evidence that can weaken the state’s case against you.
We also build compelling defense arguments on your behalf and leverage our understanding of prosecutors, judges and “courthouse culture” to get the charges against you reduced or dismissed entirely.
Burglary charges can be tough to beat without the right strategy. A conviction can result in significant fines, lengthy prison sentences, and a permanent criminal record that impacts your future employment, housing, and educational opportunities.
Having a knowledgeable and experienced burglary defense lawyer in your corner:
Don’t face burglary charges alone. Let our San Diego criminal defense attorneys put their experience to work for you.
The sooner you talk to David P. Shapiro Criminal Defense Attorneys, the faster we can help protect your future
We offer comprehensive case evaluations to help you understand your legal options and better decide your burglary defense options. Our criminal defense team is available daily, ready to protect your rights when accused of burglary or soon after your arrest.
Don’t let burglary charges derail your life. Schedule your consultation today.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future. Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s what you need to know to regain control of your future
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
You should first exercise your right to remain silent and request an attorney after the San Diego Police, San Diego County Sheriff’s Department or other law enforcement agency arrest you for first or second-degree burglary.
A skilled criminal defense law firm challenges the evidence against you, explores affirmative defenses, and prepares the best case for trial. A defense lawyer will also negotiate with prosecutors to reduce or dismiss the charges, short of trial. Your defense counsel also protects your constitutional rights while your case moves through the criminal justice process.
A burglary conviction usually triggers significant fines, lengthy prison sentences, and a potentially permanent criminal record. These consequences can impact your ability to find employment, secure housing, and pursue future government entitlements.
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