Burglary cases have existed for a long time. I've been handling this for over 26 years, and depending on the type of burglary case, one of the San Fernando Valley courts will handle it—whether it be the Van Nuys Court or the San Fernando Court.
Suppose it's a residential burglary where somebody is alleged to have broken into someone's home. In that case, obviously, that's going to be treated much more seriously than what we would characterize as a commercial burglary, which involves breaking into a vehicle or a business and stealing something.
So, it really depends on the category of burglary (CALCRIM 1701). I would consider going into somebody's home a first-degree burglary. This is a serious offense that carries significant consequences. There's a level of that, and then going into a car or a business and stealing something would be a second-degree burglary. The crime of burglary is defined under California Penal Code 459.
When discussing serious first-degree burglary cases (CALCRIM 1700), they're classified as strikes under the Three Strikes Law. So, if you get convicted of one of those, you'll have a strike on your record, at least in California, forever unless they abolish the Three Strikes Law at some point, which seems pretty unlikely.
These strikes are significant for several reasons. One, because you have a felony on your record that you couldn't get off. Two, in the future, if you pick up any new felony case, your sentence could be doubled because of the Three Strikes Law, and three, obviously, nobody wants to have a burglary on their record that they can't get off. It makes it difficult to secure employment and also prevents you from engaging in a host of other activities.
Negotiation For Reduced Burglary Charges or Case Dismissal
One of the primary objectives I strive to achieve when a client is charged with first-degree burglary is to either obtain a dismissal or secure an alternative charge. Unfortunately, we can't dismiss all criminal cases.
If the person has a strong argument that they're innocent, then we will obviously take the case to a jury trial and attempt to show the jury that they're not guilty, aiming to secure a not-guilty verdict. You can then move on with your life unscathed by the burglar charge in one of the San Fernando Valley courts.
However, these San Fernando Valley courthouses are quite conservative, so we'll need to present strong evidence to secure a not-guilty verdict. If you're like a lot of people who are charged with residential burglaries, you're going to end up having to take some sort of conviction.
Because they don't usually file these cases unless they have good evidence against you, so, a lot of times, we will try to get a different charge other than a burglary — like a theft charge, for example, or just a grand theft – Penal Code Section 487 — would be a lot better than a residential burglary because it's not a strike.
After you complete probation, the San Fernando Valley courts may allow you to reduce the charge to a misdemeanor, and eventually, we can work to have it dismissed or expunged on your behalf.
There are several options available when considering this burglary charge. Where we start to get more serious in a first-degree burglary situation is when you enter somebody's home and a person is present, meaning someone is actually home when you arrive.
That turns first-degree burglary not only into a strike but also into a serious felony. You'd typically face 85% of the prison time you are given, and that time would actually be served in prison. This situation requires immediate attention.
So, when there's somebody present, that ups the game because it makes things much more dangerous than if nobody's home; sometimes people are armed with weapons, and people get hurt, or even death occurs when you talk about these first-degree residential burglaries.
So, the San Fernando Valley courts, including those in Van Nuys and San Fernando, as well as the prosecutors and judges there, obviously treat burglary cases the harshest when it comes to sentencing and punishing individuals.
Second-Degree Burglary
A less serious burglary would be classified as a second-degree burglary, and many of these have been reclassified as theft-related offenses, which can result in a diversion program or even having the case reduced to a misdemeanor.
There are all sorts of things that can be done when you're facing a second-degree burglary charge versus a first-degree burglary charge. So, obviously, you're in a much better position with a second-degree burglary charge.
However, even though they are treated seriously, as you're dealing with people's property. If the property is substantial enough, or in other words, worth a lot of money, or if you're taking money that exceeds $950.00.
Therefore, all of this is obviously dependent on several factors. One is how serious the actions related to the burglary are; two is what your criminal record looks like; and finally, how successfully can your attorney mitigate things and maneuver you through the Sn Fernando Valley courthouses, which can sometimes be conservative and harsh when it comes to residential burglaries and even burglaries of any kind.
I've been handling these cases for many years. I'm here to help you. Pick up the phone. Make the call. We can get the ball rolling in the right direction to help you exit the criminal system as quickly as possible. There is hope for a positive outcome.
Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County, at 16000 Ventura Blvd, Suite 1208, Encino, CA 91436. We are also located at 633 West Fifth Street, Los Angeles, CA 90071—call (213) 542-0979 for a free case evaluation.
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