When it comes to burglary charges in California, the details can get quite confusing quite quickly. Keep reading to get answers to some of the most common questions we are asked at Law Office of Michael L. Fell. Feel free to contact us at (949) 585-9055 if you are facing one of these charges and require a free legal consultation or if you have a question that you do not see listed here.

What is Burglary and How is it Classified?

Burglary is defined as someone unlawfully entering a structure with the intent to commit a theft or another felony. In California, burglary is divided into first degree (aka residential) and second degree (aka commercial) burglary. Residential burglary involves an inhabited home, an inhabited vessel such as a boat, and an inhabited part of any other building. Commercial burglary covers all other types of burglary that are not included in residential burglary.

What Are the Potential Punishments for Burglary Charges?

Residential burglary is always charged as a felony and can come with a prison sentence of two, four, or six years. It is also a strike under the Three Strikes Law in California. Commercial burglary is considered a wobbler, which means it can be charged as a felony or a misdemeanor. When charged as a misdemeanor, the punishment can be up to one year in jail, while a felony conviction can lead to up to three years in county jail.

What Defense Options Can Be Used for Burglary Charges?

Obviously, the defense option for your case will depend on the specifics of your case. Some of the most common defense options we use including showing that you did not enter the property, that no one was in the property, that you had no intent to commit a theft or felony, or that you did shoplift but did not commit the more serious burglary crime.

Am I Guilty of Burglary if I Enter a Store with the Intention of Shoplifting?

It all depends on how much the property is worth. Before 2014, if you entered a store with the intent to shoplift, it would likely have been charged as commercial burglary. However, a new law established that entering a commercial property during working hours with the intent of committing larceny does not count as burglary if the property taken (or intended to take) was worth less than $950.

What Should I Do if I Am Accused of Burglary?

Contact an attorney as soon as possible. You can reach out to Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. We will take the time to understand your case and provide you honest feedback on what your best options are. Call now and let us get started.