Burglary is a felony in the state of California. If you have been accused of burglary in Riverside County, it’s vital to understand the law and the available defenses that can be used to maintain your innocence. As a burglary conviction could even land you in prison, it is in your best interest to contact a Riverside County, California attorney experienced in defending against burglary charges in Murrieta, Temecula, and Menifee, California.
What is Burglary?
California Penal Code §459 defines “Burglary” as:
- The act of entering any premise or building;
- With the intent to steal (grand or petit larceny) or with the intent to commit any felony therein;
- The value of the property they intended to steal was over $950; or
- The structure entered was not a commercial business; or
- The structure was a commercial business, but not publicly open at the time of the entering
Additionally, it is important to note that California law provides a very broad definition of what could be considered a “building”. For instance, in addition to a residence, a person can also commit burglary if they break into a room, tent, shed, railroad car, cargo container, etc.
Burglary is a Crime That Has Two Degrees
Burglary in the First Degree is a crime that is committed when a person enters into an inhabited structure with the intent to steal or commit a felony. What is interesting about this offense is that the structure does require that anyone need to be living in it at the time of the burglary to be considered an “inhabited” under the law. Burglary in the First Degree is often called “residential burglary.”
Burglary in the Second Degree is committed when a person enters into a non-residential structure with the intent to steal or commit a felony wherein. Burglary in the Second Degree is often referred to as the “commercial” burglary.
The Legal Consequences of a California Burglary Conviction
Simply put, you do not want a burglary conviction on your record. Burglary involves not only breaking and entering, but also stealing, so it is a particularly serious offense.
Burglary in the First Degree is punishable by imprisonment in the state prison up to six years. As First-Degree Burglary is a felony, this conviction would also count under California’s infamous “three strikes law.”
Burglary in the second degree can be charged as a felony or a misdemeanor crime, depending on how the prosecution decides to charge it. As a misdemeanor charge, it is punishable by imprisonment in the county jail not exceeding one year. If charged as a felony, it is punishable by up to three years in prison. Having a smart legal defense team might make a huge difference in how your case get prosecuted. As such, if you are facing a burglary charge, you will want to contact a Murrieta, California burglary defense lawyer as soon as possible.
How to Defend Against a Burglary Charge
Having a well-qualified Riverside County, California burglary lawyer is essential to defend against a burglary charge in Murrieta, Temecula, and Menifee. The crime of burglary has many elements that must be met. Your defense attorney might be able to argue that you never intended to steal anything, thus eliminating the intent element. Or perhaps you actually had a right to be at the property, so you can negate the breaking and entering element.
Additionally, the prosecution has the burden of proving every element of the crime. If your defense team can cast doubt on just one element, then the case will be over. The burglary defense lawyers at the Law Office of Nicolai Cocis can evaluate your case and determine what the best legal strategy is, therefore giving you your best chance at court.
Contact the Law Office of Nicolai Cocis Today for Burglary Defense
Are you or a loved one facing burglary charges in Murrieta, Temecula, Menifee, or the surrounding areas? If so, it is important to keep calm but act swiftly. Do not take a burglary charge lightly. Act now and contact the Law Office of Nicolai Cocis. With over 25 years of criminal defense experience, The Law Office of Nicolai Cocis is here to provide the personalized attention and aggressive representation you will need for your case.
