Burglary

Burglary is a complex crime that prosecutors and judges take seriously. Facing an investigation for or being charged with burglary is a life-altering ordeal since a conviction can attract harsh penalties, including prison time. Retaining the services of a skilled defense lawyer increases your chances of winning the case and protecting your legal rights and freedom. When you call the legal team at Pasadena Criminal Attorney, the initial step in building your defense is listening to your side of the story. That way, we can get a picture of your version of the event and create a narrative that offers reasonable doubt to the prosecution’s evidence.

A Comprehensive Peek at the Crime of Burglary in California

PC 459 is the statute that makes burglary a crime.

The definition of burglary is entering a property or building you have no control over with the motive of committing another offense. The property must have occupants for the law to regard the criminal conduct burglary. Burglary falls under the theft crimes category.

Breaking and gaining entry does not have to happen for the act to be considered a burglary. The building could be unlocked with its front doors open. The key element of burglary is that the suspect had no authorization to access the building and did so to engage in another offense.

Types of structures that defendants burglarize include the following:

Businesses
Homes
Yurts
Garages
Aircrafts
Mines and mineshafts
Campers
Boats
Warehouses
Shipping containers
Home
Motor vehicles
House trailers

Types of Burglary Crimes

Burglary offenses in California fall into two categories, namely:

Residential Burglary or First Degree Burglary

Residential burglary, which involves burglarizing an apartment, a home, a hotel room, or any other structure with occupants, is a felony.

For a defendant to be found guilty of residential burglary, the prosecution team has to prove the following:

The accused accessed an occupied building or room within that structure, irrespective of whether it had occupants when the alleged burglary occurred.
The suspect accessed the building or enclosure with the motive of committing burglary.

The prosecution team must prove the above elements beyond reasonable doubt

The judge can convict you of burglary even if you did not steal anything, provided the prosecution team proves your intent to commit burglary. However, proving intent can be daunting, something that your defense lawyer should capitalize on.

The prosecution team can attempt to demonstrate intent in the following ways:

Your clothing during the time in question could disguise or conceal your appearance, making ascertaining your identity problematic.
You accessed the alleged building while possessing instruments like crowbars, empty bags, pliers, flashlights, or wrenches.
You made incriminating statements demonstrating burglary intent to the property’s owner(s), third parties, or arresting officers.
To conceal the burglary intent, you entered the building or structure during regular business hours, at night, or during a different period.

Upon conviction, the residential burglary penalties include the following:

A prison term of two, four, or six years in state prison
Maximum fines of $10,000

The crime is also a strike under the Three Strikes law. If you have a previous conviction and the court later convicts you of a felony, you will serve twice the sentence for the subsequent crime. If you have two prior strikes and are convicted of another strike, you will face 15 years to life imprisonment.

The judge can also enhance your sentence by:

One year if the alleged victim is a minor, lives with a disability, or is older than 65
Two years if you have specific previous felony convictions

Second-Degree Burglary or Commercial Burglary

Second-degree burglary involves committing burglary within a business, convenience store, or any establishment of a similar nature while occupants are inside.

The prosecution team must also prove that an accused had the motive to execute burglary.

The prosecution of a second-degree burglary charge can be a misdemeanor or felony based on the case facts and the accused’s criminal record.

Regarding a felony commercial burglary conviction, the punishment can include the following:

Sixteen, 24, or 36 months in state prison
Fines not exceeding $10,000

If found guilty of a second-degree misdemeanor, the penalties are as follows:

Twelve months in county jail
Maximum fines of $1,000

Valid Burglary Defenses to Challenge Your Criminal Charges

Potential defenses to the crime of burglary that the defense could use include the following:

Improper Interrogation

If the arresting police officer did not read your Miranda rights, anything you disclosed following the arrest may be inadmissible in court. Also, any proof obtained through improper interrogations can be inadmissible in court.

It can result in a reduction of your criminal charge severity or even case dismissal.

Misidentification

If descriptions of the witnesses to the incident fail to match your physical features, the defense attorney can argue mistaken identity. Misidentification can be a strong defense if you prove you were at a different location during the burglary. You can use GPS or receipts to prove your whereabouts during the crime.

Lack of Intent

A key element that the prosecution team should prove is the intent to commit burglary or a different felony during the defendant’s entry to the alleged building. If you had no intent of committing a crime when you accessed the property, you may receive an acquittal.

Your motive when you access the property or home is the key to ascertaining the element of intent during the prosecution for burglary.

An Alibi

An alibi is an effective defense if you, the accused, were not apprehended at the crime scene. If the attorney can secure witnesses or evidence showing you were not in the area when the perpetrator committed the alleged offense, an alibi helps defeat the charges.

Unlawful Search and Seizure

Law enforcement should have reasonable cause or a warrant to inspect your house or areas belonging to you. Per the U.S. Constitution’s 4th Amendment, you have protection from unlawful searches and seizures. Any evidence obtained illegally cannot be utilized as proof against you in court.

You Had Authorization

Another potential defense is that you believed you had the authorization to access the building or take the items found therein. If your evidence proves that the building’s owner permitted you to access the property in writing or verbally, this can be a viable defense.

Statute of Limitations (SOLs)

SOLs restrict law enforcement agencies and prosecution teams from bringing charges against an accused after a specified time. If the filing of the alleged charges does not occur within that duration, then the defense attorney can petition the court to drop the charges. The standard rule is that the SOL for burglary when prosecuted as a felony, is 3 years, while the SOL for misdemeanor burglary is 12 months.

Nevertheless, the court considers several factors when deciding the application of the SOLs. Your defense attorney can provide legal assistance and guidance to determine the most formidable defenses in your case.

Burglary Related Offenses

Burglary-related crimes include the following:

Possession of Burglary Tools

California PC 466 makes it a misdemeanor to possess the following tools:

Crow
Picklock
Slide hammer
Key bit
Screwdriver
Slim jim
Tubular lock pick
Crowbar
Waterpump pliers
Bump key
Vise grip pliers
Floor-safe dollar puller
Master key
Lock pick gun
Tension bar
Porcelain or ceramic spark plug pieces or chips

Possession of the tools listed above must be accompanied by a motive to break or access a building, aircraft, railroad car, or trailer vehicle. Violation of PC 466 is a misdemeanor that carries six months in jail.

Shoplifting (California PC 459.5)

Shoplifting is the offense of entering a commercial premise to commit theft.

The two offenses share a similar element: a person must have intended to commit an offense upon entering a building or property. However, what sets shoplifting apart from burglary is that in the former, the commercial place entered must be open to the general public during the time of entry.

Shoplifting carries the following penalties:

A prison term of six months in county jail
Fines

Burglary of a Vault or Safe

California PC 464 makes safe cracking a felony offense. Safe cracking involves someone accessing a property or building and attempting to open a safe or vault using explosives or a torch to blow open the vault or safe. The property entered may or may not have inhabitants or occupants during the entry period, and regulation does not specify when the safe cracking was committed.

If found guilty of violating PC 464, the punishment includes the following:

Imprisonment of seven years in state prison
Fines of up to $10,000

The judge can grant you formal probation instead of serving time if you present mitigating factors.

Forgery Crime

California PC 470 describes the offense of forgery as falsifying a signature or seal or counterfeiting documents when doing so with fraudulent intent.

PC 470 makes it an offense to do any of the following:

Sign the name of another individual or a nonexistent person
Forge or counterfeit the seal or handwriting of another person
Corrupt, alter, or falsify any document of any legal document, will, or judgment
Falsely make, forge, alter, or counterfeit certain records, including bonds, checks, and money orders.

Many PC 470 breaches are wobbler crimes. A wobbler is an offense that the prosecution team can charge either as a:

Misdemeanor
Felony

A misdemeanor attracts a 12-month prison sentence in county jail. On the contrary, a felony conviction carries a prison term of up to 3 years. Instead of a prison sentence, a judge could grant either:

Summary probation for a misdemeanor conviction
Formal probation for a felony conviction

Trespassing (PC 602)

California PC 602 forbids trespassing, defined as entering someone else’s home or property without permission. Trespassing also involves remaining on another person’s property after they ask you to leave.

You can be prosecuted for aggravated trespass if:

You make a believable or credible threat to severely harm another individual
You intend to make that individual fear for their safety
Within thirty days following the thread, you enter that individual’s workplace or property to actualize the danger.

Aggravated trespass is a wobbler under PC 601. Misdemeanor aggravated trespass attracts 12 months in county jail and fines of up to $2,000. Felony aggravated trespass carries a punishment of imprisonment of 16 months or 3 years and a maximum fine of $10,000.

Things to Expect When After Consulting a Defense Lawyer

Facing prosecution for an alleged burglary offense poses challenges, but understanding the legal procedures can help you navigate it more effectively.

Here is a brief overview of how your lawyer can help in the criminal process:

First consultation — In your initial meeting with the legal team, they will evaluate the specifics of your case, answer your questions, and discuss potential defense strategies.
Investigations — Your lawyer will undertake comprehensive investigations, collect evidence, interview witnesses, and assess the circumstances relating to your arrest to develop a formidable defense.
Plea bargaining — If possible, your attorney can negotiate with the prosecution team for a favorable plea deal that could reduce your charges or penalties.
Trial preparedness — If the case proceeds to trial, your burglary defense attorney will prepare aggressively by crafting legal arguments, preparing defense witnesses, and ensuring you are prepared to give your account of events.
Trial — Your defense attorney will provide representation in court, safeguard your rights, and fight for the best available outcome.

What You Should Do Following an Arrest

The following tips can guide you on how to respond when apprehended. They include:

Remain Calm and Comply

You should stay calm and avoid verbal or physical confrontations with the arresting officers. Following their instructions can help prevent an escalation of the situation. Remember that even if you feel the police are treating you unjustly, addressing the concerns via legal avenues is better than aggravating the situation.

Ask for an Attorney

The law gives you the right to hire legal counsel. Communicate clearly to the arresting officers that you request to contact your lawyer and refuse to answer police questioning until your attorney arrives.

If you cannot afford a lawyer, the court will provide you with a public defender at no cost. Having a lawyer with you during police interrogations safeguards your legal rights while providing you with professional assistance throughout the legal procedure.

Exercise Your Constitutional Right to Stay Silent

You are entitled to stay silent following an arrest and can decline to answer the police officer's questions. Politely notify the officers that you decide to exercise this legal right until your attorney arrives. Doing so helps you avoid saying something that could later incriminate you or offering details that the prosecution might utilize against you.

You should only provide the arresting officers your name, address, and identification.

Do Not Agree to a Police Search

Unless the police officers have a valid search warrant, you have the constitutional right to decline to consent to a search of your person, car, or residence. Express the denial of consent. Nonetheless, do not attempt to resist the search because if it takes place, you can challenge any proof obtained without your permission or a valid search warrant in court.

Record the Arrest Details

While the arrest details are still fresh in your mind, document everything relating to your arrest, including the police officer’s badge number, patrol vehicle numbers, and the contact information and names of witnesses. The details can help your legal counsel develop your case defense. The attorney can craft a thorough understanding of the sequence of events and possibly identify any procedural misconduct or errors.

The Procedure of Expungement of Criminal Records

Expungement refers to the legal procedure of erasing or sealing a criminal history from the general public’s view. Expungement helps individuals seeking to progress past their criminal record and increase life’s opportunities, including housing and employment.

The expungement of a criminal history procedure includes the following:

Determining Your Eligibility

Not every criminal record qualifies for an expungement. The eligibility criteria is based on the following:

The nature of the crime
The amount of time that has elapsed since your conviction
Completion of your sentencing conditions, like probation or parole

Filing an Expungement Petition

After satisfying the eligibility criteria, you or your attorney can file the expungement petition with the court that convicted you. The petition should include details of your conviction, why you seek an expungement, and evidence of rehabilitation.

Notice of Defense

The court will serve the district attorney the notice. They can contest the petition if they have objections.

Court Hearing

Next, the court will conduct a hearing to assess your petition. During the hearing, you or your lawyer will present your arguments for an expungement, while the prosecution team can present their objections. The presiding judge will analyze the evidence for and against before deciding based on the merits of the presented proof.

Court Order

Following a successful expungement petition, you will receive an order for expungement. The order instructs police authorities, courts, and all relevant agencies to seal the criminal records associated with your case.

Follow Up

Following the order’s issuance, follow up with relevant authorities to ensure they have complied and that your criminal record is fully expunged. The follow-up process can include submitting copies of the order to specific agencies or confirming that your criminal record does not appear on their databases.

Importance of an Expungement

If you committed mistakes in the past that led to a criminal arrest, charge, and conviction, an expungement grants you a clean start.

The benefits of expungement include the following:

Better Learning Opportunities

Most individuals go back to college to venture into a new career. If that includes proceeding to graduate school, a criminal record can hinder that goal.

Many graduate courses are competitive to gain entry. A criminal record can be the determining factor in your acceptance into the program.

If you seek to pursue further studies to develop a dream career, an expungement widens your horizons in life.

Better Work Opportunities

When hunting for a job, it can be challenging to secure a well-paying job if you have a criminal record. Certain criminal charges and convictions disqualify an applicant for government jobs that have great pay and perks.

Instead of working numerous low-paying jobs, invest in yourself with a criminal record expungement.

Better Housing Options

Most landlords perform background searches on potential tenants before signing a lease agreement. Criminal records are simple to obtain, and landlords are cautious about renting to someone with a criminal history, no matter how long it has been since it happened.

Eliminates the Stigma Related to a Criminal Conviction

As you work to overcome your past law violations, the stigma of your criminal conviction could take a toll. An impactful advantage of obtaining an expungement is removing the weight and social stigma of your record.

Obtaining Loans

Like employers, loan firms also request and perform background checks for personal information about an applicant’s criminal record. A criminal history hinders you from obtaining a loan, even though your record may not be related to burglary. An expungement can eliminate potential issues when seeking credit.

Peace of Mind

A significant benefit of expungement is peace of mind because you know that a past mistake will not burden or hurt you anymore. Following a successful expungement, your criminal history will not only be sealed from paper, but you will take it off your mind.

Obtain Seasoned Legal Assistance Near Me

A burglary happens when you intentionally and without consent enter or remain within another person’s home, motor vehicle, house trailer, or building, intending to commit another crime. The prosecutors can charge you with the crime even if you did not steal or take anything from the building. If you face PC 459 criminal charges, you should hire an experienced defense lawyer. Heavy fines, lengthy incarceration duration, probation, and a criminal record are some potential penalties you could face once the judge finds you guilty. With profound professional experience working with California criminal statutes and an understanding of the procedures relating to charging plea bargaining, and trials, the legal team at Pasadena Criminal Attorney can aggressively advocate for your constitutional rights while fighting the charges against you. We can achieve this by collecting and evaluating relevant evidence to challenge the prosecutor's arguments, finding gaps in the state evidence against you, and presenting a convincing and compelling defense. Please call us at 626-689-2277 to schedule your free case review.