Burglary Attorney in Los Angeles
Burglary occurs when someone enters a
property without permission with the intent to commit a crime. This usually refers
to the commission of
theft, although strictly speaking the definition covers a range of crimes. Depending
on the circumstances of the specific crime, burglary can carry penalties
which include prison time. As burglary can be charged as a
felony, this can lay one open to the severe penalties of California's "three strikes law." Dealing in the realm of these kinds of consequences, it quickly
becomes clear why it is vital to have a criminal defense lawyer fighting
on your side.
What is burglary? What are the penalties?
In the state of California, burglary is often referred to what is known
as "breaking and entering." This is because under California
Penal Code §459, the crime of burglary is defined as the entering
into any home (no matter whether it is a room, apartment or stable) with
the intentions of committing
grand theft, petty theft or any form of a felony offense. Should the dwelling or building
be inhabited at the time of the burglary, it will be considered a first-degree
felony, otherwise, it is a felony of the second degree. Penalties for
burglary will include the following:
First Degree: Two, four or six years if imprisonment in state prison
Second Degree: Imprisonment in county jail for no more than a year
As defined under §462, there are very rare circumstances where a defendant
for burglary will be granted probation. Should a judge determine that
the case is rare and that the interests of the court would be better served
through the granting of probation, they must specify their reasoning.
Burglary in State of Emergency
In some cases, the state may deem a county to be in a "state of emergency."
This will typically occur in cases where a natural disaster has occurred,
such as an earthquake, fire, flood or a riot. Should this occur, it is
important to realize that
criminal law will be treated differently.
For example, burglary will be tried differently should it be tried during
a county declared to be in a state of emergency. Should the circumstances
of the emergency, such as lowered police presence or evacuated homes,
be used in the commission of the burglary, it will be considered looting
and will be punishable by up to a year of imprisonment in a county jail.
Los Angeles Criminal Defense Lawyer for Theft Charges
Martinian & Associates, we pride ourselves on our dedicated service to our clients. We understand
that facing legal action is an incredibly daunting experience. It is important
to us to ensure your questions are answered and you are guided through
this process with certainty and understanding. You can rest assured that
we are working with a dismissal of charges or an acquittal as our goal.
As burglary is a crime that deals with intent, it can be incredibly difficult
to prove. The burden of proof lies with the prosecution and we will demand
the standard of proof beyond reasonable doubt is upheld. Any question
of one's intent, therefore, demands one be considered innocent. For
this reason, it is especially important in burglary cases that you amend
your right to remain silent upon arrest.
Contact our firm immediately and don't make any statements without your attorney present.