Los Angeles Burglary Attorney
Being charged and convicted of burglary can have severe long-term consequences. You’ll be looking certainly at fines, probably at probation, and maybe at jail time. It will impact your ability to get a job. Personal relationships can be damaged.
Los Angeles criminal defense attorney Douglas Miranda has more than a decade of experience handling a variety of criminal cases including a number of burglary cases. He has built a reputation as one of the savviest and most tenacious criminal defense attorneys in southern California. If you’re charged with burglary, call a Los Angeles criminal defense lawyer with the Miranda Rights Law Firm and get legal help immediately, because you’re going to need it.
WHEN YOU NEED LEGAL HELP FAST
Legally speaking, burglary and robbery are considered two different crimes. Burglary usually is breaking and entering surreptitiously into a building or residence with the intent to commit a crime. Robbery is more frequently a crime with a selected victim, and it more often involves weapons or violence. Likewise, burglary and breaking and entering are also very different. To commit burglary, you do not have to actually break anything to gain entrance to the house. Burglary can be committed by simply walking through an unlocked door or climbing through an unlocked window. Although this constitutes burglary, it does not constitute breaking and entering.
But make no mistake. A conviction for either crime can send the accused to a state prison, and if you’re charged with either crime, you need legal help fast. Attorney Douglas Miranda knows how to undermine a prosecutor’s burglary case and raise doubt in the minds of jurors. A burglary charge requires an immediate and aggressive response from an experienced criminal defense attorney. If you need an experienced Los Angeles burglary attorney to defend you against a burglary accusation, contact the Miranda Rights Law Firm as quickly as possible.
BURGLARY LAW AND PENALTIES
California law divides burglary crimes into either first degree or second degree charges. If you are convicted of either one of these crimes, you may face serious consequences that will affect you for the rest of your life.
First degree burglary is any burglary that takes place at a residence, while second degree burglary takes place at any building that is not a residence, which is why it is sometimes referred to as commercial burglary. Under California law, a residence is defined as an inhabited house, boat, room within an inhabited house, floating home, trailer coach, hotel or motel room.
Inhabited means that someone is currently using the structures listed above as a residence, even if the residents are not home at the time of the crime. If the residents have moved out with no intention to return, then this is not considered an inhabited residence. That is, unless the residents left because of a natural disaster or other extenuating circumstances. In these cases, the building would still be considered an inhabited structure.
First degree burglary is always a felony charge in California, so the consequences are severe. If you are convicted of first degree burglary, you may face formal probation, a fine of up to $10,000 and up to six years in state prison. First degree burglary also counts as a strike against you towards your three strikes, meaning you could be one step closer to facing a life sentence in prison.
Although second degree burglary carries less severe penalties, it is still nothing to be taken lightly. Second degree burglary is considered a wobbler, which means it can be charged as either a felony or misdemeanor. The decision of whether to charge this crime as a felony or misdemeanor is up to the prosecutor and may depend on your prior criminal record and the circumstances surrounding your case. If you are convicted of a felony second degree burglary charge, you may face felony probation, up to three years in county jail and a fine of up to $10,000. If you are convicted of a misdemeanor second degree burglary charge, you may face misdemeanor probation, up to one year in county jail and a fine of up to $1,000.
Besides these legal penalties, you may also find it difficult to find employment, since many employers will be hesitant to hire someone with a burglary conviction on their record. Friends and family may turn their backs on you after you have been charged or convicted. The consequences of a burglary conviction extend far beyond what you will receive in court.
If you are convicted of burglary or any other criminal charges, call an experienced Los Angeles burglary defense attorney as soon as possible to discuss your case.
THE ELEMENT OF INTENT
Intent is crucial to a burglary charge. The legal definition of burglary includes the element of intent, meaning you did not commit burglary if you did not have the intent to commit a crime while breaking into the building. The timing of intent is also crucial. You must have had the intent to commit a crime while you were breaking into the building, not after you were already inside.
One legal defense that may apply to your case is mistake of fact, which is related to the element of intent. Mistake of fact means you entered into someone’s home or commercial establishment in order to take back something that you believe belonged to you or you believed you had permission to take the item.
An experienced Los Angeles burglary attorney may be able to work with you to prove that you had no intent of committing a crime. Without intent, a jury cannot convict you of burglary, so this is essential to your case. Don’t hesitate to contact one of our criminal defense attorneys as soon as possible if you are criminally charged. Defense lawyers can also offer representation and legal advice to clients who are being investigated and interviewed by police.
DON’T WAIT TO CONTACT US
After examining the details of your case, Los Angeles burglary attorney, Douglas Miranda will explain your legal options and work to develop the most effective possible defense on your behalf. At the Miranda Rights Law Firm, we take our responsibility to our clients seriously, and we want to put our experience to work for you. To schedule a free case consultation with an experienced Los Angeles burglary attorney, contact us today. Send an email, or call 213-255-5838. Se habla español.