If you have been charged with burglary in Temecula, Murrieta, Menifee, Lake Elsinore, Winchester or Wildomar, then you must understand how California’s Three Strike’s Law affects burglary convictions. The Three Strikes Law stipulates that once a criminal defendant is convicted of three serious or violent felonies, they will face a mandatory sentence of 25 years to life in prison. Every felony burglary charge has the potential to become a “strike.” Each additional “strike” will also result in sentencing enhancements. If you are facing felony burglary charges, it is crucial to have an attorney working on your case to fight for your best interests.
What is Considered as Burglary Under California Law?
The legal definition of burglary is found under California Penal Code 459. It stipulates that burglary occurs when an individual enters any structure, room, or locked vehicle, with the specific intent to commit theft or with the intent to commit another felony. It must be noted that the law focuses on both the act of entering in addition to the intent to carry out a criminal act once inside.
The History of California’s Three Strike Law
California’s 3-Strikes Law was enacted on March 7, 1994, and sparked nationwide debate. While some criticized the harshness of the law, others praised California’s strict approach to take down repeat felony offenders. The law is designed to significantly increase penalties for repeat felony offenders, with the goal of keeping the most dangerous criminals off the streets and protecting the public. The law also intends to work as a deterrent, discouraging future criminal activity by creating fear of the potential punishment.
When Does Burglary Count As a Strike?
Every felony burglary conviction will count as a “strike” under the law. Burglary is classified into two degrees, and in some cases, it can be charged as a misdemeanor.
Burglary in the First Degree, often called “residential burglary,” occurs when someone enters an inhabited structure. This offense is classified as a felony and is punishable by 2 to 6 years in prison. Second-degree burglary, often referred to as “commercial burglary,” involves entering a structure that is not a residence. It can be charged as a felony or misdemeanor. A misdemeanor is punishable for up to 1 year in jail, while a felony can result in up to 3 years in prison and a strike.
It makes a huge difference of whether you have a felony or a misdemeanor burglary conviction. A seasoned attorney may be able to negotiate to have charges reduced or even dismissed. If you’re facing burglary charges in Riverside County, California, it’s important to contact a criminal defense lawyer right away to fight the charges.
Consequences of Strikes Under California’s Criminal Justice System
The Three Strike Law in California imposes longer and more severe prison sentences on felony defendants with every subsequent felony. A first “strike” felony burglary conviction will be sentenced normally according to the law. However, it will be on your record and count as a strike. A defendant convicted of a second strike, whether it is a burglary conviction or some other serious felony, will be sentenced to prison for double the sentence normally given. For example, for a first felony burglary conviction, the defendant will be sentenced to serve up to six years in state prison. If they have a second-strike for burglary, however, instead of serving for up to six years, they could now be sentenced to serve for up to 12 years. Furthermore, second strikers will be required to serve minimum of 80% of the imposed sentence before being eligible for release.
Contact The Law Office of Nic Cocis for Expert Burglary and Felony Defense Representation
The Law Office of Nic Cocis has the expertise and experience necessary to handle burglary cases and navigate the implications of California’s Three Strike Law. If you are facing burglary charges in Temecula, Murrieta, Menifee, Lake Elsinore, Winchester or Wildomar, you must know your rights and legal options. Contact us to schedule a free consultation, or call our Murrieta office at (951) 666-2600.
