In order to be charged with burglary in California, the prosecutor has the burden of proving that the suspect entered property without permission, with the intent of committing a crime. 'Property' in these types of offenses can include a house, an apartment or a business. Entering premises is not sufficient to be charged with burglary, there must have been an attempt to commit a crime such as theft. Without the intent, it may just be a trespassing charge. There are two types of burglary in the state of CA, first degree and second degree. To be considered first degree burglary, the offense must have involved an inhabited dwelling. This could include a house or any property that is inhabited during the offense. This does not mean that somebody needed to be in the property, just that it is used as a dwelling. If the offense is not considered first degree then it will be approached as a second degree burglary. Contact a Dublin burglary lawyer from the Law Office of Ivan O.B. Morse if you have been arrested or charged with burglary.
The penalties for burglary offenses in California depend on the type of burglary offense. The breakdown of penalties depend on if it was first degree or second degree:
First- Degree Burglary in CA:
- Charged as a felony
- Punishable by either two, four or six years in state prison
- Counts as a strike under the three strikes law in CA
Second-Degree Burglary in CA:
- Wobbler offense that could be a misdemeanor or felony depending on the suspects' criminal record
- If a felony- up to 3 years in state prison
- If a misdemeanor- up to one year in jail
- Do not count as a strike under California's three strike law
There are several defenses that can be made on your behalf if you are facing burglary charges. Contact the Law Office of Ivan O.B. Morse to team up with a burglary attorney in Dublin. Schedule your free case evaluation today to see how we can help!