Defense Burglary Charges
Dependable Representation from Our Dublin Criminal Attorney
State law defines burglary as any person who enters any house, room, apartment,
tenement, shop, warehouse, store, building, railcar, or vehicle with the
intention to commit grand or petit larceny or any other felony. Regardless
of whether these places are locked or unlocked, if you enter a place unlawfully
with the intent to commit theft or another felony you have committed burglary.
The prosecution only has to prove that you entered any type of residential
or commercial dwelling with a plan to steal in order to receive a conviction
There are several different degrees of burglary and the severity of the
punishment depends on the degree of the burglary. Burglary in the first
degree is punishable by imprisonment in the state prison for two, four,
or six years. Burglary in the second degree is punishable by imprisonment
in the county jail for one year.
There is also a section in the California Penal Code that addresses burglary
related to safes, those who enter a building and opens or attempts to
open a vault or safe by use of a device capable of burning through steel,
concrete, or any other solid substance is guilty of a felony and upon
conviction shall be punished by imprisonment for a term of three, five,
or seven years. If you are facing burglary charges, team up with the best
theft crime lawyer in Dublin to help defend against the charges.
Important Definitions Related to Burglary
The law can be convoluted, and often requires an explanation due to the
confusing terminology. Here is a breakdown of the
theft crimes related to and often confused with burglary as well as their definitions:
Burglary – entering into a building illegally with the intent to commit a
crime, especially theft.
Robbery – the act of taking some type of possession or money from an individual.
This is usually done through force, threats, or coercion.
Theft or larceny – the unlawful taking of personal property with the intention of
permanently depriving the owner.
Simply put, people are robbed, places are burgled, and things are the object
of larceny or theft. Once you have identified which type of crime you
have received a charge for, it is important to
speak with an aggressive Dublin criminal defense attorney about the possible punishments you are facing. Depending on the nature
of the crime you may have multiple charges brought upon you. There are
other related crimes to burglary that prosecution could attempt to convict
you for in addition to the burglary charge.
For example, most burglaries result in a theft, and therefore an individual
would be charged for both burglary and theft. Petty theft has a limit
of $950 and below. If an individual steals the equivalent of or less than
$950 worth of property he or she will be charged with petty theft or petit
larceny. In addition, if the individual steals property that exceeds $950
in value then the crime is considered grand theft or grand larceny.
Related Crimes and Charges
In addition to the crimes defined above, the court may find you guilty
of vandalism, forgery, and counterfeiting. Sometimes those who burgle
or attempt to burgle a residential or commercial dwelling use forged or
counterfeit keys or other devices that let them inside. Those individuals
can expect a charge of counterfeiting or forgery along with the burglary charged.
In addition, when burglars use instruments such as crow bars, screw drivers,
sledge hammers etc. to break in they can be charged with damaging property.
Vandalism is a serious crime, and depending on the damage done, penalties
can be severe. Burglary is just the tip of the iceberg; there are many
accompanying charges that can be assigned to the case.
Contact our Dublin
criminal defense attorney today for the representation you need!