Burglary
Burglary is defined as the act of trespassing or unlawfully entering a building or property with the intent to commit ANY crime, not just theft. In order to be convicted for burglary, the state only needs to prove that the defendant had the intent to commit a crime once inside the building or property, whether the crime was actually committed or not.
Under California law, there are two types of burglary: first degree and second degree burglary. First degree burglary is a serious crime and a felony offense. When an individual unlawfully enters or trespasses in an inhabited dwelling (i.e. a home when people are present) with the intent to commit a crime, it is considered first degree burglary. Second degree burglary, commonly called “commercial burglary,” is a less severe offense and is committed in an uninhabited dwelling, usually in a place of business.
The legal ramifications for committing first degree burglary are harsh. An individual convicted of first degree burglary faces a felony charge and a strike against his/her record. The penalties for committing first degree burglary include probation, two to six years in state prison, restitution, and probation. The defendant’s past criminal record influences the severity of the court’s sentencing. Second degree burglary is considered a misdemeanor offense, which usually results in probation, a short imprisonment, or both. However, if the defendant commits second degree burglary, but steals property with a value over $400, he/she may be charged with a felony.
Law enforcement officials and the courts take burglary charges very seriously, often sentencing convicted individuals with harsh legal punishments. If you have been charged with burglary in the Los Angeles area, it is vital to speak with an experienced criminal defense attorney immediately. The legal expertise of a skilled criminal defense attorney can drastically improve your chances in a court of law. A knowledgeable attorney can protect your rights and present you with legal options and extensive resources.
The Law Offices of Richard Sudar have successfully represented numerous clients charged with burglary in the Los Angeles area. The Law Offices of Richard Sudar are committed to fighting on behalf of your best interest and legal rights. If you are in need of an experienced criminal defense attorney in Los Angeles, call the Law Offices of Richard Sudar today!
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