Los Angeles Burglary Lawyer
Burglary is a serious crime with serious ramifications. If you are facing burglary charges, you must understand the legal process and your available legal options. When faced with false burglary charges, it is best to take quick action by hiring a Los Angeles burglary defense attorney.
If you are convicted of burglary, it will be hard to get back on your feet and move forward. A conviction for this crime means fines, probation, and even jail or prison time. It will also impact your ability to find a job and maintain relationships in the future.
Our Los Angeles burglary defense lawyer has helped many clients before. We were able to defend our clients against false burglary accusations successfully. Our Los Angeles burglary attorney has profound knowledge of the local statutes surrounding burglary and theft cases.
If you believe you are wrongfully charged with burglary, call a burglary lawyer at the Los Angeles Criminal Defense law office as soon as possible to protect your rights.
Why Should You Choose Our Los Angeles Burglary Attorney for Your Burglary Charges
Suppose you are falsely accused of a burglary crime in Los Angeles. In that case, it’s imperative to select the best Los Angeles criminal defense lawyer to handle your case. Your Los Angeles burglary defense attorney should have an extensive understanding of the existing burglary laws in Los Angeles.
Our criminal defense law firm helped many clients in the past. From the smallest misdemeanors to cases with potential years-long prison sentences, we’ve helped our clients regain their lives. Our mission is to keep you centered and relaxed, to exploit every problem in the case against you, and to take you to the finish line with little to no damage. Atty. Seppi Esfandi, our Los Angeles burglary defense lawyer, is revered by many of his colleagues in the field of criminal defense. Our attorney’s expertise extends to a wide range of criminal defense cases.
Our Los Angeles criminal defense lawyer will help you throughout your burglary case. From the initial case investigation up until trial litigation, if necessary. Our previous clients can attest to the quality of service we deliver to resolve their cases.
What Is Burglary?
California Penal Code 459 sets the legal definition of burglary. According to this code, anyone who breaks an owned property intending to commit theft is guilty of a burglary conviction. The critical element of every theft crime is the intent to deprive the owner of their property.
The California law establishes many regulations to protect citizens against thieves. If you are accused of a burglary crime, you must speak with a criminal defense attorney immediately. A burglary conviction is a grave crime with heavy punishments.
Burglary Laws in California
California recognizes two types of burglary. A burglary theft crime can either be a first-degree burglary or a second-degree burglary. The category of a burglary crime will depend on the type of property the criminal broke in.
First-degree burglary is when a thief illegally enters a residential property. This type is also known as a “burglary of habitation.” Under California Law, first-degree burglary is always a felony offense.
On the other hand, second-degree burglary is when a thief breaks into a non-residential property. This type of burglary is a wobbler. A second-degree burglary can be either a felony or misdemeanor, depending on the nature of the crime.
We will look deeper into these types of burglary below.
Types of Burglary Cases Our Los Angeles Criminal Defense Law Office Handles
Some criminal defense attorneys focus on a particular type of theft crime. Our experienced criminal defense attorney, on the other hand, handles all types of theft crimes. We assisted many clients before, and we were able to deliver promising results.
As mentioned above, residential burglary or first-degree burglary is a felony offense. Robbers who committed a burglary in an occupied property will receive more severe punishment. An inhabited property can be an occupied home, room, floating home, or trailer.
As a felony offense, criminals who committed first-degree burglary will face severe punishments. A convicted individual will receive formal probation from the court and $10,000 fines. They will also face up to six years imprisonment in California state prison.
Second-degree burglary or commercial burglary, on the other hand, is a wobbler. The court will have to check the severity of the crime committed to a non-residential property before identifying it as a misdemeanor or a felony. With a strong defense strategy, the court can reduce a second-degree burglary to a misdemeanor.
A misdemeanor second-degree burglary is punishable by up to one year in Los Angeles county jail. The convicted individual will also receive a summary of misdemeanor probation and face a $10,000 fine. As a felony offense, a felon is punished with up to three years in Los Angeles county jail.
Other Types of Burglary-Related Crimes
A person can also be convicted of theft crimes related to burglary because of other reasons. The state of California established several statutes to criminalize activities related to burglary. It’s best to consult with an experienced burglary attorney to verify if your case can qualify as burglary.
Possession of Burglary Tools
California Penal Code section 466 criminalizes the possession of burglary tools. Picklocks, crowbars, and screwdrivers are some of the devices specified by California Law as burglary equipment. A convicted individual should intend to use the tool to break into an owned property before being accused of burglary.
Petty theft is a misdemeanor or minor crime punished by up to six months in county jail. As a misdemeanor offense, the convicted thief will be punished by up to six months in county jail and a fine of $1,000.
To Commit a Felony or Theft
A burglar may commit grand theft or petty theft depending on the value of the item they stole. Under California Penal Code section 484(a), petty theft is stealing property valued at $950 or less. On the contrary, California Penal Code section 487 identifies grand theft as stealing a property valued at $951 or greater.
Petty theft is a misdemeanor or minor crime punished by up to six months in county jail. A convicted thief will also face $1,000 fines. The court judge can also award them with a summary misdemeanor probation.
A grand theft crime is a wobbler. Convicted individuals can be charged with a misdemeanor or a felony offense depending on the gravity of their crime. A thief will spend one year in county prison for misdemeanor and three years incarceration for a felony offense.
California Penal Code section 464 protects victims against safe cracking burglars. Illegal safe cracking is a felony offense punishable by up to seven years in California state prison. Convicted burglars are also punished with $10,000 maximum fines.
Sentencing for Burglary in Los Angeles, California
As previously stated, residential or first-degree burglary is a felony offense under California Law. A convicted person will have to spend two, four, or six years in California state prison. Regardless of the criminal’s good behavior, they must serve 85% of their sentence imprisoned.
In addition, a residential burglary is a strike in California Law. California’s three-strike law is a sentencing plan for convicted individuals who committed three felony acts. If a felon commits three felony crimes, they are sentenced to life imprisonment.
Second-degree burglary is a wobbler offense that can either be a felony or misdemeanor depending on the gravity of the crime. A misdemeanor second-degree burglary is punishable by a fine of up to $1,000 and a year in county prison. A felony second-degree burglary carries a maximum sentence of two or three years in state prison and a $10,000 fine.
Common Legal Defenses We Can Use Against Burglary Charges in Los Angeles
Hiring a criminal defense lawyer is crucial when facing burglary allegations. Our experienced Los Angeles criminal defense attorney will investigate your case and create a solid defense strategy. We will do everything we can to help you.
As the defendant, your party can argue that you never had the intent to break into someone else’s property. Our expert attorney can challenge the other party if they can prove that you have a goal to steal from their property.
Your party can also argue that you never crossed the property’s boundary. Our proficient Los Angeles burglary attorney can help you gather the necessary evidence. We will prove that you never crossed the property owner’s boundary.
If you entered an establishment to claim your property, then you can’t be charged with burglary. Our criminal defense lawyer can help you collect pieces of evidence to prove that the item you are claiming is yours.
Establishing a solid case is crucial in defending your side in a burglary accusation. We will assist you in proving your innocence by conducting an in-depth case review and collecting evidence. Our Los Angeles burglary defense lawyer will create a personalized defense strategy that is perfect for your case.
Things You Should Do When Charged With or Being Investigated for Burglary in Los Angeles
Facing false burglary accusations can place heavy pressure on you. The best advice we give to our clients is to remain calm when they are facing similar situations. As a defendant, you should invoke your Miranda Rights.
You have the right to remain silent and speak only with a criminal defense attorney. It’s essential to keep in mind that whatever you say during the arrest will be used against you. It would be best if you get in touch with a Los Angeles criminal defense lawyer as soon as possible.
You and your criminal defense lawyer must build a strong case as quickly as possible. Our criminal defense attorney successfully defended many clients in the past, and he can help you too! Contact our criminal defense law firm now so we can start working on your case immediately.
Los Angeles Burglary FAQs
A burglary charge could be dropped or dismissed in California if the responding police officer violated your constitutional rights. The officer should verbalize your rights while making the arrest or during an investigation. A burglary charge can also be dropped if the defendant was proven innocent.
Shoplifting can be charged as a second-degree burglary if the defendant intends to steal from the store. The California law clearly states that an intention to steal should be present when entering a commercial establishment before it can be considered commercial burglary.
Burglary can be the same as entering and breaking. It all boils down wit the criminal’s intent. With or without a forceful entry, if the criminal intends to steal when entering an establishment, then they can be charged with burglary.
Hiring a Los Angeles burglary defense attorney to represent on your behalf is not only beneficial but a must. Our criminal defense attorneys have profound knowledge and vast experience in handling similar cases. They can help you establish a solid defense to support your innocence in a burglary case.
Are You Wrongfully Charged With Burglary? Contact Our Los Angeles Burglary Attorney ASAP to Protect Your Rights
If you are arrested for burglary charges, you must contact our Los Angeles burglary attorney immediately! Early intervention can aid in the prevention of criminal convictions. If a conviction is unavoidable, our burglary attorney will work with you to lower the charges so that you do not face harsh penalties.
Call us now at 888‑885‑8844 for a free case review. You can also fill out our contact form to provide more information about your case. Let us help you!