Experienced California Criminal Defense Attorney Protecting the Rights of Defendants

If you are convicted of burglary in California, you will likely face severe criminal penalties, including both incarceration and monetary fines. California differentiates between burglaries on the basis of where the crime allegedly took place. First-degree burglary is burglary which occurs a private residence, while second-degree (or commercial) burglary refers to all other types of burglary (usually involving a commercial business or other structure).

If the state has accused you of burglary, you should retain legal counsel as soon as possible. The experienced Sacramento burglary defense lawyers at The Law Offices of David S. Chesley can work with you to help you formulate a good legal defense to your charge. Our legal team may also work with the prosecutor in your case to negotiate a favorable plea bargain or charge reduction in your case. We may even be able to have the case against you dropped entirely. To schedule a free case evaluation with one of our attorneys, call our office today or contact us online.

First-Degree Burglary Charges

In order to be charged with first-degree burglary in California, a residential structure must be involved. To qualify as a residence, the building entered into must be an inhabited home (or a room that is inside an inhabited home), or an inhabited boat, floating home, trailer coach, hotel room, or motel room. Alternatively, the building may be an inhabited portion of a building.

For a building to be considered "inhabited," the structure must be used as a dwelling place. However, the individual living in the structure need not be home when the burglary occurs. If the residents moved out of the dwelling, in most circumstances, the dwelling is not considered “inhabited.”

To sustain a first-degree burglary charge, an individual must have entered a residential dwelling or room with the specific intent to commit a theft or felony therein. Entering a dwelling means that some part of the person’s body (or an object which is under that person’s control) penetrates the outer boundary of the dwelling.

Even in cases where the theft or felony is not carried out, the crime of burglary is still complete upon entering the structure with the necessary criminal intent.

First-degree Burglary Penalties

If you sustain a first-degree burglary conviction in California, you will likely face severe (and high) penalties. Those penalties can include a period of formal felony probation. You can also face incarceration for either two, four, or six years in state prison. Finally, you may be ordered to pay a maximum monetary fine of $10,000.

If you are facing a burglary charge or conviction, the skilled legal team at The Law Offices of David S. Chesley will work to help you reduce the consequences of your conviction, including the potential penalties.

Second-Degree Burglary Charges

Second-degree burglary is any burglary which does not involve a residential structure. To be charged with second-degree burglary in California, all of the following elements must be met:

• The individual must enter a building, structure, room within a structure, or a locked vehicle.
• The individual has the specific intention of committing a theft or felony crime therein.
• The value of the property which the individual stole (or which he or she intended to steal) had a value of more than $950, the building was not a commercial structure, or the building was a commercial structure, but the individual entered it after the business was closed.

Under the law in California, a prosecutor must be able to prove the elements of a burglary charge beyond a reasonable doubt. Only the prosecution, therefore, has the burden of proof. If the prosecutor cannot meet his or her burden of proof on any or all of these elements, the case may be subject to dismissal. Our team of Sacramento criminal defense lawyers at The Law Offices of David S. Chesley can review your case and all of your legal options with you.

Second-Degree Burglary Penalties

Second-degree burglary is arguably a less-serious criminal charge than first-degree burglary. Consequently, it carries lighter potential penalties upon conviction. Under the law in California, second-degree burglary is considered a “wobbler” crime. This means that the prosecutor can decide to charge the crime as either as a misdemeanor or as a felony, depending upon the circumstances. The decision about whether to charge a second-degree burglary as a misdemeanor or as a felony is solely up to the prosecutor.

Some of the potential penalties upon conviction for second-degree burglary include the following:

• A period of felony probation
• A period of 16 months, two years, or three years’ incarceration in the county jail
• A maximum monetary fine of $10,000

In the case of a misdemeanor second-degree (or commercial) burglary conviction, the potential penalties include the following:

• A period of misdemeanor summary probation
• A maximum of one year of incarceration in the county jail
• A maximum monetary fine of $1,000

Some judges also increase criminal penalties if the defendant committed a burglary or other serious crime in the past.

At The Law Offices of David S. Chesley, our Sacramento criminal defense lawyers may be able to fight for a plea bargain or charge reduction (e.g., reducing a burglary charge down to a breaking and entering charge), potentially resulting in a lighter penalty upon conviction.

Potential Defenses to Burglary Charges

Individuals who have been charged with first or second-degree burglary in California may have one or more legal defenses available to them. A successful legal defense to the crime of burglary can result in a complete dismissal of the criminal charge – or of the entire criminal case. Some potential legal defenses to burglary charges in California include the following:

• Lack of specific intent – Where the defendant did not have the specific intent to commit a felony or theft at the time he or she entered the structure in question
• Mistake of fact – In cases where the defendant entered someone’s home in order to recover something that the defendant honestly believed was his or hers
• Mistaken identity – In cases where the defendant was arrested by mistake or someone else is falsely accusing the defendant of burglary to "get back at" him or her
• Police misconduct – In cases where the police violated the defendant’s constitutional rights, such as by taking part in an illegal search or seizure, coercing the defendant’s confession, asking a witness leading questions during a lineup, or fabricating evidence in the case

The experienced California experienced burglary lawyers at The Law Offices of David S. Chesley can discuss potential legal defenses with you and determine whether or not they are applicable to the circumstances of your criminal case.

Call Us Today to Speak with a Criminal Defense Lawyer in Sacramento

The State of California treats burglary charges and convictions extremely seriously. Over the years, the lawyers at The Law Offices of David S. Chesley have successfully represented countless defendants who have been charged with burglary crimes. Our skilled legal team can work with the prosecutor to see if a favorable plea deal may be negotiated on your behalf. In court, we can present a legal defense on your behalf. Finally, at a sentencing hearing, we can advocate for a lighter criminal sentence than what the prosecutor might offer.

To schedule a free consultation and case evaluation with one of our Sacramento burglary defense lawyers, please call us today at 1-800-755-5174, or contact us online.