Burglary is defined as the entering into a building with the intent to commit a felony, usually grand theft or petty theft. The prosecution must prove that the defendant had intent to steal or commit a crime when entering the location. Importantly, there does not need to be any evidence showing that the defendant actually committed a crime. California recognizes two types of burglary: First-degree burglary and Second-degree burglary.

First-degree burglary is a burglary committed in someone’s home. First-degree burglary is commonly known as residential burglary, and it requires that the prosecution prove that you had the intent to commit a felony or theft before you entered. If they cannot prove that any intent was formed until after you made entry, then the charge can be reduced, possibly to a trespassing or other misdemeanor. Similarly, if the intent was to commit a misdemeanor (except misdemeanor theft), then the prosecution cannot prove a burglary occurred. First-degree burglary is always charged as a felony and qualifies as a “strike.”

All other types of burglaries are classified as second-degree burglary, which usually involves the entering of a business establishment or other commercial structure. Second-degree burglary is commonly known as commercial burglary and may be charged as either a misdemeanor or felony. The distinction between misdemeanors and felonies in second-degree burglary cases is usually based on the value of the property taken and the defendant’s prior criminal record.

Burglary Legal Penalties

First-Degree Burglary

• Felony
• 2, 4, or 6 Years in State Prison
• A strike under California’s “Three Strikes” law (meaning that if convicted, you would be required to serve 80% of your sentence, or 85% of your sentence if someone was home at the time)
• Sentencing Enhancements (meaning that if any other crimes take place such as assault and battery, arson or murder, a person can face enhancement penalties that may include life imprisonment or the death penalty if convicted)
• Probation
• Parole
• Community Service
• Driver’s License Suspension/Revocation
• Lifetime Criminal Record

Second-Degree Burglary

• Misdemeanor or Felony
• Up to 1 Year in County Jail or Years in State Prison (depends if you are convicted of a misdemeanor or felony)
• Probation
• Parole
• Community Service
• Driver’s License Suspension/Revocation
• Lifetime Criminal Record

Los Angeles Burglary Attorneys

If you have been accused of residential burglary or commercial burglary in Los Angeles, you could face time in jail or prison, steep fines and restitution, and severe restrictions on your ability to work. Because the impact of a burglary conviction can have life altering consequences, it is vital that you seek the services of a dedicated and aggressive criminal defense attorney immediately. The lawyers at The Chahine Law Firm will pursue and prepare all defenses to these charges and will fight to obtain the best possible result. If you are in need of an experienced criminal defense attorney in Los Angeles, call The Chahine Law Firm immediately for a free case evaluation.