Burglary

Burglary is trespassing and theft is entering a building or vehicle unlawfully, or remaining unlawfully with the intent to steal or commit a crime.  Burglary does not necessarily involve theft but can involve any crime including vandalism, rape, arson, identity theft, or any violation of civil rights. Burglary is prosecuted as a first degree offense, a felony, if committed at a residential building, or as second degree offense, a misdemeanor, if committed at a commercial building. Courts prosecute for burglary and other crimes committed at the same time separately.

First Degree must be committed with intent of theft or other felony crime to carry its first degree charge. The theft or other felony does not have to be actually committed; only the entry with intent to commit the theft or other felony.  First Degree Burglary is considered a serious felony and a "Strike".  Burglaries of cars and businesses are classified as Second Degree Burglary and are charged as misdemeanors but can be charged as a felony. Second Degree Burglary is often charged in connection with shoplifting charges.

First Degree Burglary is punishable by 2, 4 or 6 years in a state prison except in very unusual cases where probation and county jail are ordered. First Degree Burglary is also a "Strike" under California's "Three Strikes and You're Out" Law. This means that if you commit any other felony in the future, your sentence on the new case is doubled.

Second Degree Burglary can be charged as either a misdemeanor with a maximum sentence of one year in county jail or as a felony carrying the maximum sentence of 3 years in state prison. However, Second Degree Burglary is not a "Strike" under California law.  Regardless

Regardless of the charge, your future and your freedom depend on the quality of legal representation you choose. That's where we come in. Our attorneys have a strong record of success in criminal defense, burglary theft cases. Our law firm focuses on criminal defense law.  We use our skills and experience to seek the most favorable outcome for each client we represent.