Burglary Can Be Charged in Many Different Ways in California
Review the Various Degrees of Burglary Charges in California Under Penal Code 459 PC.
People always think of one type of burglary. They don't realize that different degrees of burglary in Los Angeles, California, can be charged in many different ways.
First-degree burglary, a crime of significant severity , is typically a residential burglary. If an individual unlawfully enters a residence and steals items, it constitutes first-degree burglary.
It's a strike. It's a serious felony if nobody is home. If someone is home when you break in, it's a violent felony. It can even turn into a home invasion robbery. The bottom line is prosecutors and judges do not mess around with these first-degree burglaries.
First-Degree Burglary – PC 459
The legal system takes first-degree burglary very seriously. Conviction often leads to imprisonment and a permanent mark on the individual's record.
They're looking to do some damage because, as you know, prosecutors and judges have homes that get burglarized and do not like people who break into the sanctity of somebody else's house.
So, that's a first-degree burglary. It's a strike under the California three strikes law, which means if you are convicted of a serious or violent felony and have two or more previous convictions, you will face a significantly longer sentence. You'll usually serve 80% of the time if nobody is home, and it's a serious felony. You'll serve 85% of the time if somebody is home when they burglarize the location.
Despite the absence of physical violence, a burglary, especially when the victim is present, can be emotionally devastating. This is why it is considered one of the most serious felonies in California.
Grand Theft – Penal Code 487
But that's only the tip of the iceberg as burglaries go. If somebody goes into a supermarket or a department store like Macy*s and decides that before they go in, they're going to cut off the security tags and steal a bunch of stuff, that's a second-degree burglary.
The distinction between a theft case — is grand theft, Penal Code Section 487 if it's over $950.00, and penny theft if it's under $950.00.
In a theft case, the person decides to steal once they get in. But, if they prove that you intended to steal when you entered the store, that triggers the burglary charge. This means that if the prosecution can show that you entered the store with the intention to steal, you can be charged with burglary.
In my example, if you have a situation where somebody is carrying in a way to cut off the tags and does that, that's a pretty strong argument for the prosecutors. They intended to burglarize the location before they got in there.
So, there are propositions that help people charged with these store burglaries or penny-theft-related offenses, as long as the dollar amount of what's being taken is small enough.
Then, you might be able to avail yourself of one of these propositions and try to avoid a conviction, a mark on your record, and attempt to get some diversionary program such as community service or a rehabilitation program if you don't have a prior criminal record.
Home and Auto Burglary
So, another one we see is an auto burglary — a car burglary. People are breaking into other people's cars and taking their stuff out — they'll hit you with a burglary for that. So, there's a lot of different ways, you can see, to get these burglary charges.
It even goes deeper than that. I've had cases where people go into somebody's garage, and it's an out garage — meaning, it's not attached to the house, and they break in.
That's a burglary, too, bringing about all the lousy strike situations. The person looks at prison as a mark on their record for the rest of their life.
Defending Burglary Charges in Los Angeles
So, if you or a loved one is charged with a burglary charge, you've come to the right place because I know these charges inside and out. I know how to defend them. I know how to get rid of them and mitigate them, depending on the circumstances of where you find yourself.
I've been doing this for 26 years, worked for prosecutors and judges, and been a criminal defense attorney since 1994, so you've come to the right place.
Pick up the phone. Ask for a meeting with Ron Hedding. I stand ready to help you. Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 542-0979.
