Being charged with burglary in San Diego, CA, is a frightening experience for anyone to face, as the penalties can be quite severe. It’s essential to work with an experienced criminal defense attorney with experience handling these types of cases.
The attorneys at Blair Defense Criminal Lawyers have more than a decade of experience and know how to present a solid defense on your behalf. We’ve successfully defended clients who were facing among the most serious charges on the books.
For help after an arrest, contact us today at (619) 357-4977 to schedule a free consultation with a San Diego burglary attorney.
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How Blair Defense Criminal Lawyers Can Help if You’re Arrested For Burglary
When you’re facing a burglary charge, the implications are severe. Fortunately, we’re well-equipped to help you navigate this difficult process and work towards the best possible outcome for your case. Here’s how we can assist:
- We will undertake a comprehensive investigation of your case, including scrutinizing police reports, surveillance footage, interviewing witnesses, and more.
- One of our initial approaches is aimed at resolving matters outside of court by negotiating with prosecutors to reach a favorable plea agreement. The goal is to obtain reduced or dropped charges or lighter penalties.
- When evidence gathered during the investigation appears inadmissible, we will file a motion to suppress this evidence. This process excludes illegally acquired evidence so that it can no longer be used against you.
- If your case proceeds to trial, we will represent you with one goal – achieving a not-guilty verdict.
If you’ve been arrested for burglary in San Diego, California, we’re always here to help. Reach out today to set up a free case review with an experienced San Diego theft crimes lawyer.
Overview of Burglary Charges in California
Burglary is considered a very serious crime in California. It involves entering a residential or commercial building with the intention to commit grand larceny, petit larceny, or any other felony.
To be convicted of burglary, the intended crime doesn’t actually have to take place – simply having the intent to commit it when you enter the building is enough. Forced entry is not a requirement of this crime either.
One other important thing to note is that in California, you must have formed the intent to commit the crime before entering the building. If you enter a building and only once you’re inside decide to commit a crime, you might be convicted of whatever crime you commit inside the building – but it wouldn’t constitute burglary.
What Are the Penalties for Burglary in San Diego, California?
The penalties for burglary in California depend on the circumstances surrounding the incident, with the most significant factor usually being whether the building you entered was commercial or residential and whether someone was home at the time. Generally, the penalties for burglary include the following:
First-Degree Burglary
First-degree burglary occurs when you enter a residential building with the intent to commit one of the specific crimes listed above. In this case, burglary is a felony, and you could face up to 6 years in state prison and a fine of up to $10,000.
If the victim is 65 or older, under 14, or disabled, the judge can add an additional year to your prison sentence. The court can also add an additional 2 years if you have certain prior felony convictions.
The judge is permitted to place you on probation after one year in jail if mitigating circumstances are present.
First-Degree Burglary is a Strike
In California, first-degree burglary is also considered a strike. This is essential to know because the state’s Three Strikes Law leads to greatly enhanced penalties for subsequent felony convictions – doubling mandatory prison terms in some cases and requiring life sentences in others.
Second-Degree Burglary
Second-degree burglary occurs when the building is commercial instead of residential. In California, this is classified as a wobbler, meaning it can be charged as a misdemeanor or a felony based on the prosecutor’s discretion – which is often influenced by your criminal history.
When charged as a felony, second-degree burglary carries probation, a prison sentence of up to 3 years, and/or a fine of up to $10,000.
When charged as a misdemeanor, second-degree burglary carries summary probation, up to 1 year in jail, and/or a fine of up to $1,000.
No matter what type of burglary charge you’re facing, it should always be taken seriously.
What Defenses Can Be Raised if I’m Arrested for Burglary in San Diego?
If you’re charged with burglary in California, understanding potential defenses that can be raised in your case is important. The following are some of the most common:
Lack of Intent
To be convicted of burglary, the prosecutor must prove beyond a reasonable doubt that you intended to commit a theft or felony upon entering the building. To dispute this, your lawyer could attempt to present evidence that you formed this intent only once you entered the building. This could include text messages, video surveillance, or witness testimony.
Belief That You Had Permission
If a theft crime formed the grounds for your burglary charge and you genuinely believed that you had permission to take the item, this could also serve as a defense. This could be demonstrated by producing communications indicating permission, for example.
Mistaken Identity
Another potential defense is that you’re a victim of mistaken identity. To show mistaken identity, your lawyer can point to inconsistencies in witness testimony or conditions that would make visibility difficult. Your lawyer could also point to suggestive police identification procedures, leading to doubt about your identity as the perpetrator.
Defending a burglary charge can be challenging, but with skillful representation, you always have options and the ability to defend yourself.
Dealing with a burglary charge can feel overwhelming, but having an experienced criminal defense lawyer by your side can ease a lot of the anxiety and the burden you’re facing. At Blair Defense Criminal Lawyers, we specialize in defending our clients against serious charges like burglary.
Whatever complexities your case presents, we’re here to help navigate them and fight for the best possible outcome. For help, contact us today to schedule a free consultation with a San Diego burglary attorney.
