Burglary is one of the most serious crimes in California. If you have been charged with burglary, you must take action to protect your rights and your freedom. At Escovar Law, APC, our Pasadena burglary lawyer, can help you fight your charges and defend your future. We have the experience and the skills to help you win your case.
Call Escovar Law, APC, today at (626) 577-7700 or contact us online to schedule a consultation with our burglary lawyer in Pasadena.
What is Burglary?
Burglary is considered a serious criminal offense in California, and it is essential to understand what it entails. In simple terms, burglary is the unlawful entry into a building or structure with the intention to commit theft or another felony once inside. There are two different types of burglary under California law:
First-Degree Burglary: This happens when a person enters a residence or an inhabited dwelling intending to commit a felony. First-degree burglary is considered a strike offense in California and carries severe penalties.
Second-Degree Burglary: Second-degree burglary encompasses all other forms, such as breaking into commercial buildings, vehicles, or unoccupied structures. While still a serious offense, second-degree burglary typically carries lesser penalties than first-degree burglary.
What are the Penalties for Burglary in California?
Burglary convictions in California can result in significant legal consequences, including:
Imprisonment: Depending on the circumstances of the burglary, a conviction can result in a lengthy prison sentence. First-degree burglary can result in up to six years in state prison, while second-degree burglary can lead to up to three years.
Fines: Burglary convictions can result in substantial fines, which can differ depending on the severity of the offense.
Strike Offense: A burglary conviction can be classified as a "strike" under California's Three Strikes Law. You may face a life sentence in prison if you have two previous strike convictions and are convicted of burglary.
Criminal Record: A burglary conviction can have long-lasting consequences, which includes a permanent criminal record that can affect your future employment and housing prospects.
Restitution: If you are convicted of burglary, you may be required to pay restitution to the victim to compensate for any property damage or losses incurred during the burglary.
Probation: In some cases, individuals convicted of burglary may be eligible for probation instead of incarceration. However, probation comes with strict conditions and supervision.
Defenses Against Burglary Charges
Some common defenses against burglary charges include:
Lack of Intent: If it can be demonstrated that you did not have the intention to perpetrate a felony or theft when entering the premises, your charges may be reduced or dismissed.
Mistaken Identity: Sometimes, witnesses may misidentify the perpetrator of the burglary. If there is doubt about your identity as the offender, this can be used as a defense.
Illegal Search and Seizure: If law enforcement had violated your Fourth Amendment rights during the investigation or arrest, any evidence obtained may be inadmissible in court.
Alibi: If you have a credible alibi that places you elsewhere at the time of the burglary, this can serve as a strong defense.
Consent: If you had permission to enter the premises or believed you had permission, it could negate the element of unlawful entry.
Duress: If you had been forced or threatened into committing the burglary against your will, it may be possible to raise a defense of duress.
Contact Our Pasadena Burglary Lawyer Today
Having an experienced and dedicated legal advocate is crucial when facing burglary charges in California. At Escovar Law, APC, our Pasadena burglary attorney, is committed to protecting your rights, exploring all available defenses, and working towards the best possible outcome for your case. Your freedom and future are worth fighting for, and we are here to help you every step of the way.
