Defense for Burglary Charges (Penal Code Section 459)
Burglary is defined and its penalties outlined in California Penal Code § 458-464. Entering an inhabited or uninhabited building, during the day or at night, with the intent to commit theft or a felony, constitutes the act of burglary. A defendant may also face burglary charges for unlawfully remaining in a building with the intent to commit theft or a felony offense.
Penalties for Burglary in California
First degree burglary is described as burglary of an inhabited dwelling, vessel or trailer coach. All other forms of burglary (uninhabited dwellings or other structures) are considered second degree burglary.
Burglary may be punishable as follows:
- First degree burglary – 2, 4 or 6 years in state prison
- Second degree burglary – up to 1 year in jail or imprisonment in state prison
First degree burglary may count as a “strike” on your criminal record if you are convicted. Probation is typically not granted in first degree burglary convictions, except in limited circumstances.
If you are currently in a position where you are under investigation or have been arrested for allegedly committing burglary, you are in immediate need of an attorney. You need a San Diego criminal defense lawyer who can become involved in the matter to protect your legal rights and begin helping you avoid formal charges and a criminal conviction. These are delicate matters, and the prosecuting attorney and law enforcement will be working actively to secure enough evidence against you that will land you behind bars. A skilled lawyer can counter these efforts and help you face a future free from imprisonment and a criminal record.
Make sure you exercise your right to legal counsel if you have been accused of this serious offense; contact a criminal attorney at our San Diego law firm and we will get to work immediately to see how we can assist you. Your freedom and future may be on the line.
Contact The Law Offices of Top Criminal Defense Law Firms, APLC today to schedule a free initial consultation with our knowledgeable defense team!