Burglary–Penal Code § 459

Facing a burglary charge can be a distressing and overwhelming experience. At Power Trial Lawyers, we understand the complexities and challenges of the legal process. Serving Los Angeles and Orange County, our dedicated professionals are committed to fighting aggressively for the rights of individuals accused of burglary. Our experienced lawyers strive to provide tailored strategies and personalized attention to every case. With a solid reputation built on a foundation of trust, transparency, and tenacity, we aim to defend your rights and uphold your interests. The potential penalties for burglary can be severe, but our team is available around the clock to guide you through the legal maze. For a discreet and private discussion about your case, call us at (213) 800-7664. Don’t face this stressful time alone; let our experienced team at Power Trial Lawyers stand by your side.

Definition of Burglary

The act of burglary carries a significant weight under California law, casting a shadow that can loom large over the life of a defendant. Our Los Angeles and Orange County based law firm understands the gravity of these charges and the potential implications for the accused. We offer robust, unwavering representation to those confronted with accusations of burglary, taking into account the multi-faceted legal intricacies of Penal Code Section 459 PC which defines the crime. Reflecting our comprehensive understanding, we take a client-centric approach—individually tailoring our defense strategies to align with the specific circumstances of each case.

In California, burglary is defined as entering a property with an intent to commit theft or any felony. While the aspects of intrusion and intent are fundamental to this charge, there’s no requirement for the prosecution to establish that an actual theft or felony occurred. This means without strategic and knowledgeable defense representation, defendants may find themselves vulnerable to prosecutorial assertions.

Our law firm is deeply committed to ensuring the rights and interests of our clients are defended with vigor and tact. While we empathize with victims of crimes, it’s important to clarify we represent individuals accused of crimes such as burglary; standing strong as their guardians in the challenging landscape of the California justice system. Affording our clients with holistic representation and understanding, we endeavor to deliver the most favorable results in each case.

Example of Burglary

At our law firm, we recognize that facing a burglary charge can be both unsettling and life-changing. Striving to provide exceptional legal representation, we diligently work with our clients, who are facing potential burglary charges in the Los Angeles and Orange County areas of California. We are equipped with a skillful team of professionals who confidently navigate through the often complex California criminal law system.

Imagine a situation where you were mistakenly identified as a participant in a burglary incident. In California, you may face charges even if there was no actual “breaking” involved, but simply an entry into a building with the intention to steal or commit a felony. Another complex scenario can involve a burglary charge where property was allegedly stolen from open areas of the property such as garages, garden sheds or even unlocked vehicles.

Such charges are intricate and require a proficient understanding of California’s burglary law. Our firm is here to remind you that an accusation is not a conviction. We champion the rights of those who stand accused, dedicating our time and resources to ensure that our clients comprehend their standing within the law, their rights and the possible paths forward.

Integrity and dedication are hallmarks of our practice, to that end, our legal representatives are ever committed to construct a resilient defense for our clients. As we journey through your legal battle together, our aim is to help you gain a perspective of hope, regardless of the severity of your charge. With a profound track record in handling burglary cases, our law firm is steadfast in delivering dependable legal support during your most trying times.

Offenses Related to Burglary

Navigating the complex realm of criminal law related to burglary in Los Angeles and Orange County, California can be overwhelming. Our law firm can guide you through this intricate legal landscape, drawing upon the depth of our knowledge and extensive courtroom experience. Here are a few potential compliant charges related to burglary:

  • Larceny: This is essentially theft, the act of deliberately taking another’s property without their consent with the intent to permanently deprive them of it.
  • Robbery: A felony offense, this involves the use of force or threats to steal personal property of value from another individual’s person or immediate presence.
  • Trespassing: This offense involves an individual unlawfully entering or remaining on another’s property. There are different aspects under which this crime can be charged, such as the degree of intrusion or intent at the time of trespass.
  • Possession of Burglary Tools: Under California law, this involves owning, making, or altering commonly used burglary tools with the intent of breaking into a building, vehicle, vault, or safe to commit theft or felony.
  • Grand Theft: When the stolen property’s value is $950 or more, this crime could be charged as a felony under California law.

Remember, every case is nuanced and unique. An attorney representing the legal interests of the accused is essential to reduce the severity or dismiss these charges. We stand ready to champion your defense, providing you the assistance and guidance you need.

Defenses to Burglary

If you have been accused of burglary in Los Angeles or Orange County, our dedicated team of attorneys is highly skilled in providing robust defense strategies tailored to your unique situation. Understanding your defense options can make a difference in the outcome of your case, and we are committed to stand by your side throughout.

  • Lack of Intent: In California, a burglary charge requires proving that the accused had the intent to commit a felony or theft upon entering the premises. If you returned to a store you were just in because you forgot a personal item, for instance, you would not have the required intent.
  • Claim of Right: This applies if you genuinely believed you had the permission to enter the premises or take the property. For example, if you had previously been given a key to a friend’s house and used it without their knowledge, believing you had their permission.
  • Mistaken Identity: If you were mistakenly identified as the perpetrator, perhaps through unreliable eyewitness testimony, inappropriate police procedures, or inaccurate forensic evidence, we can challenge this.
  • Presence Only: Merely being at the scenario of a crime is not substantial enough to underpin a conviction. If you were present but did not participate in the burglary, this can be used in your defense.
  • Insufficient Evidence: If the prosecution’s evidence is insufficient or acquired unlawfully, like tainted evidence or breached procedural rules, these can be utilized to discredit the charges.

Defending against a burglary charge requires knowledge and strategy. Our law firm, serving clients in both Los Angeles and Orange County, firmly maintains that everyone is entitled to a rigorous defense before the law.

Penalties for Burglary

If you are facing burglary charges in California counties such as Los Angeles or Orange County, understanding the potential consequences under California law is fundamental to mounting a formidable defense. A conviction for a burglary carries severe penalties that can substantially disrupt your life and liberty.

For example, a first-degree burglary charge – typically relating to a residence – is classified as a felony and is punishable by a prison term of two, four, or six years. The exact length of the sentence depends on the nature and severity of the crime and the presiding judge’s discretion. On the other hand, second-degree burglary – usually associated with commercial structures – is a “wobbler” offense, which means it can be charged either as a felony or a misdemeanor. If convicted as a misdemeanor, penalties may include county jail time of up to one year, while felony convictions can lead to a 16-month, two-year, or three-year state prison sentence.

Monetary fines also play a critical role in the penalization scheme. Penalties could range up to $10,000 in fines, with additional restitution to the victim(s) potentially applicable.

Keep in mind that there are certain aggravating factors such as prior convictions, use of deadly weapons, or causing bodily injury that can lead to enhanced penalties, ultimately compounding the severity of sentencing.

Our Los Angeles and Orange County-based law firm is dedicated to vigorously defending individuals who are grappling with burglary charges. We understand the profound impact these charges could have on your life. As your defender, we will passionately argue your case, providing you a meticulous, comprehensive, and strategic defense. Remember, the gravity of your charges does not preclude a robust defense.

Ready to Battle the Prosecution for You

At Power Trial Lawyers, we are unyieldingly prepared to challenge the prosecution on your behalf. If you’re dealing with burglary charges in Los Angeles or Orange County, you need a committed, proactive, and staunchly supportive team to navigate these intimidating legal waters. We understand the immense pressure and anxiety you might be feeling; being thrust into a position of defending your freedom is a burdensome ordeal. Our team is dogged in their pursuit of justice, tirelessly striving to weaken the prosecuting argument against you. With careful analysis of the evidence, we expose weaknesses in the prosecutor’s case, seeking to create reasonable doubt that might tip the scales in your favor. We are your battlefield allies, tirelessly fighting to ensure that a presumption of guilt does not seize the narrative of your case. Our priority is you and the preservation of your rights throughout this daunting legal process.

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