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Orange County Burglary Cases

A burglary occurs when a person enters a building with the intent to commit grand larceny, or petit larceny, or any felony (Penal Code § 459). Notice, you don’t have to actually steal anything to commit a burglary.

There are two types of burglary: First degree burglary which is always a felony and a “strike”, and second degree burglary which can be charged as a misdemeanor or a felony and is not a strike. When charged with burglary in Orange County, you need a skilled attorney to defend you.

First degree burglary occurs when a burglary is committed in an inhabited dwelling, in other words, at a home while someone is inside. Punishment for this is prison for two, four, or six years. As a “strike” felony, anyone convicted of first degree burglary must serve 85% of any prison term. In unusual circumstances, however, the law provides that prison can be avoided and probation be granted. This means that the individual would serve as much as one year in the county jail, and once released, is placed on probation for up to 5 years. A second offense can be punished as much as twelve years under the 3 strikes law, and a third offense can result in a life sentence. How important is it to start now by calling me to begin defending you against the risk of such great penalties?

By contrast, second degree burglary is a “wobbler” which carries a punishment of up to either, $1,000 fine and a year in jail or up to 3 years in prison. Second degree burglary in Orange County is frequently charged along with petty theft or shoplifting. If someone enters the mall with an empty shopping bag, places some merchandise in the bag, and leaves without paying, this would constitute a typical second degree burglary. In the mall, with a bag full of items worth under $400, this would qualify as a misdemeanor. Obviously my job defending you would be to persuade the court to allow the charges to be reduced to a misdemeanor and to avoid jail altogether.

Just like a theft crime, the intent to commit the theft in any Burglary must be proved by the prosecutor at trial. Mere intent to commit a crime is not enough, there must be evidence of a specific intent to steal once inside. With this kind of hurdle, a prosecutor may be willing to allow for a reduction in the charge, which would greatly benefit the accused.

we have successfully defended my clients charged with burglary in Orange County by knowing the facts of the case cold, providing a full picture of the good character of my clients, presenting alternatives to the District Attorney’s proposed punishments, and contacting the victim to seek settlement out of court. It’s important to have someone who will listen, let you become involved in your own defense, and offer options that will take into account your job, family, future, and possible immigration consequences. Call me today to begin defending you with your burglary case in Orange County.

we Serve the following cities in Orange County, California