Defending Against Burglary Charges in California
Burglary is a serious criminal offense and is penalized as such in the state of California. At Wapner Jones, PC, our burglary attorneys are ready to defend you and protect your rights when facing such charges.
Call Wapner Jones, PC today at (559) 266-8604 or contact us online to schedule a consultation with our burglary attorney in Fresno.
What is Burglary?
Burglary involves entering a building or structure to commit theft, felony, or another criminal act inside. The key elements of burglary are:
- Entry: The defendant must unlawfully enter a building, structure, or inhabited dwelling. This could involve breaking, entering, or even using deceit or fraud to gain access.
- Intent: The defendant must intend to commit a theft, felony, or other crime inside. It's important to note that the intent to commit the crime distinguishes burglary from other crimes, such as trespassing.
- Structure: Burglary can occur in various types of structures, including homes, businesses, storage units, or even vehicles.
What are the Penalties for Burglary in California?
The penalties for burglary can vary depending on several elements, including the type of structure entered, whether it was inhabited, and the defendant's prior criminal record. Here's an overview of the potential penalties:
- First-Degree Burglary: This involves entering an inhabited dwelling intending to commit a felony. It is a felony in itself and can result in a sentence of up to six years in state prison.
- Second-Degree Burglary: This covers burglary of structures other than inhabited dwellings. It is also a felony; the potential prison sentence can range from 16 months to three years.
- Residential Burglary: If you commit burglary in an inhabited dwelling, it may be charged as residential burglary. This can lead to a "strike" on your record under California's Three Strikes law, potentially resulting in a life sentence for repeat offenders.
- Commercial Burglary: Burglary of a business or commercial property can also result in significant penalties, including imprisonment and fines.
It's important to note that burglary convictions can have long-lasting consequences beyond prison time, including damage to your reputation, limitations on future employment opportunities, and difficulty obtaining housing or loans.
Defenses Against Burglary Charges
Some common defenses against burglary charges may include:
- Lack of Intent: If the prosecution cannot prove that you had the intention to commit a crime when you entered the structure, it can weaken their case.
- Mistaken Identity: Sometimes, witnesses may misidentify the defendant, leading to wrongful accusations.
- Consent: This can be a strong defense if you had permission or a valid reason to be in the structure.
- Insufficient Evidence: Challenging the prosecution's evidence, such as witness credibility or forensic proof, can be crucial in building a strong defense.
- Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights during the investigation, evidence received through an illegal search and seizure may be suppressed.
What Should You Do if You're Charged with Burglary
If you are facing burglary charges, taking immediate and careful steps is essential to protect your rights and mount an effective defense. First, avoid making any statements to law enforcement without an attorney present. Anything said to the police, even in casual conversation, can be used as evidence against you. Remaining silent is your right and can prevent misunderstandings or admissions that could complicate your case.
Contacting a criminal defense attorney experienced in burglary cases should be your next step. A knowledgeable lawyer can explain the specific charges, which may vary based on factors like whether the alleged burglary involved a residence or commercial property or if any aggravating factors apply (such as carrying a weapon). They will analyze the evidence against you, evaluate police conduct, and determine if any procedural errors occurred during your arrest or the investigation.
Your attorney may also explore defense strategies tailored to your case. These can include disputing evidence of intent, proving that you had permission to enter the premises, or demonstrating insufficient proof of unlawful entry. Each element of a burglary charge must be met for a conviction, and an experienced lawyer knows how to challenge weaknesses in the prosecution's case.
By acting quickly, following legal advice, and working closely with your attorney, you can improve your chances of a favorable outcome and ensure your rights are fully protected.
Contact Our Burglary Attorney in Fresno Today
At Wapner Jones, PC, we are ready to fight for your rights. Our Fresno burglary attorney will thoroughly investigate the facts, challenge the evidence against you, and vigorously advocate for your rights in court. Your future is too important to leave to chance; let us help you navigate the legal complexities and pursue the best possible outcome for your case.
Contact Wapner Jones, PC, today to get started with our Fresno burglary lawyer.