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Burglary Defense Lawyers in Los Angeles 
Burglary
Burglary charges in California carry serious penalties. Anyone entering a location with the intention of committing petty theft or a felony may be charged with burglary. If you have been arrested for burglary in California, it is in your best interest to contact an experienced burglary defense lawyer before speaking with the authorities.
California Penal Code 459 - Burglary
Under California Penal Code 459 anyone who enters a building or another specified structure, "with intent to commit grand or petit larceny or any felony, is guilty of burglary." With regard to this law, a structure is defined as a place of residence, a store, a vehicle, a barn or even an aircraft. What makes burglary charges different from theft is when the decision to commit a crime is made. If an individual chooses to steal something from a retail store while he or she is inside the building, that is theft. If prosecutors can prove that the individual had planned the theft and entered the building with the intention to steal the item, he or she could be charged with a burglary. Burglary does not require breaking and entering, threats or violence.
Commercial Burglary and Residential Burglary
California law makes a distinction between residential burglary and commercial burglary.
- A residential burglary is when someone enters a home or apartment with the intention of stealing from the property.
- A commercial burglary is when someone enters a non-inhabited dwelling like a store or business.
This is an important distinction to make because a residential burglary carries stricter penalties and may even constitute a strike under the California three-strike law. Residential burglary is considered a first-degree burglary and will also be considered a felony. Commercial burglary is a second-degree burglary and may be charged as a felony or misdemeanor.
Penalties for Burglary
The potential penalties for a burglary conviction in California are varied. The severity of the charges depends on:
- The details and circumstances of the specific case
- The criminal history of the defendant
In other words, those previously convicted of criminal activity are likely to face more serious charges and stiffer penalties. The severity of the crime committed may also dictate the harshness of the charges. Burglary can be charged as a misdemeanor or a felony. Those convicted of a felony burglary charge could be sentenced up to six years in state prison.
If you have been charged with burglary in Southern California, it is important that you fight the charges with the help of an experienced burglary defense attorney. The Los Angeles criminal defense lawyers at Takakjian & Sitkoff, LLP can help conduct a thorough and independent investigation of your case. Our strong criminal defense team consists of several former prosecutors, who know and understand how the system works. Our goal is to get your charges dismissed. Call us today for a free consultation.
If you have been arrested for a burglary offense then please call us immediately for a FREE CONSULTATION at (888) 579-4844
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