Burglary Defense Lawyers in Bay Area
Are you facing Burglary charges in the San Francisco Bay Area? Burglary can be a “strike offense” on your record and could mean jail time. Get a strong criminal defense lawyer to defend your rights. Your freedom depends on it. Call the Ginny Walia Law Offices now for a Free Consultation of your Burglary charges: (800) 379-9330.
The criminal attorneys at Ginny Walia Law Offices defend burglary charges in San Jose, Hayward, San Francisco and all surrounding areas.
- Burglary in Alameda County
- Burglary in Contra Costa County
- Burglary in Marin County
- Burglary in San Mateo County
- Burglary in Santa Clara County
- Burglary in Solano County
Understanding California Burglary Laws
Under California Penal Code 459 defines burglary as illegally entering a building, vehicle, vessel, or cargo container with the intention to commit petty theft, grand theft or committing a felony. Unlawful Entry does not require physical breaking and entering; the offender may simply trespass through an open door.
Penalties for Burglary
First degree burglary is a “strike offense” and can lead to 6 years in prison. That means you must serve at least 85% of your prison or jail sentence, regardless of good behavior or other circumstances. It also has serious consequences if you’re convicted of another felony later; your prison sentence automatically doubles on the second “strike,” and you must serve at least 80% of that sentence. On the third “strike,” you may be in prison for life.
Second-Degree Burglaries are commonly known as commercial burglaries and may be charged as misdemeanors or felonies. Misdemeanor burglary charges carry up to one year in county jail and second-degree burglary as a felony can lead to 3 years in state prison.
Defenses to California Burglary Charges
Common defense to burglary charges include having a legitimate reason to be at the location or having no intentions of committing a crime.
Frequently Asked Questions (FAQ)
Does there have to be a victim present at the scene of a burglary?
Unlike robbery, which involves use of force or fear to obtain another person’s property, there is no requirement for the victim to be present at the scene during a burglary.
How long does the prosecution have to file charges?
Prosecution has up to a year to file misdemeanor burglary charges and a longer period of time to file felony charges.
What if I did not have any intention to committing a crime?
The lack of intent to commit a crime can serve as a defense to the charge of burglary but you may not be liable under a different theory such as trespass.