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California Burglary Laws: Defenses & Penalties

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Our Recent Burglary Posts

Does Opening a Garage Door with a Remote Control With the Intent to Commit Burglary Constitute a Burglary Under California Penal Code Section 459?

August 5, 2011

Burglary

Paul Wallin

Does Opening a Garage Door with a Remote Control With the Intent to Commit Burglary Constitute a Burglary Under California Penal Code Section 459? No! In the recent case of People v. Magness, the California Court of Appeal for the Third Appellate District overruled the trial court’s determination that the defendant’s use of a remote […]

What Do I Do If I’m Accused of Burglary? – PC 459

May 17, 2011

Burglary

Paul Wallin

What Do I Do If I’m Accused of Burglary? – PC 459 Burglary is a serious crime, and you face up to six years in prison if convicted. If the prosecutor claims you used a firearm or caused injury during the burglary, you face much longer time. That’s why if you’re accused of burglary, you’ll […]

I’m Charged with Burglary in San Diego – What Should I Do Next?

January 20, 2011

Burglary

Paul Wallin

I’m Charged with Burglary in San Diego – What Should I Do Next? Under California Penal Code section 459, burglary is committed when an individual enters a building, vehicle, vessel, cargo, or other premises specified in the statute with the specific intent to steal something or commit any felony. The crime of burglary can be […]

Burglary Conviction Dismissed Due To Speedy Trial Violation (PC 1382)

November 10, 2010

Burglary

Paul Wallin

Burglary Conviction Dismissed Due To Speedy Trial Violation (PC 1382) On October 28, 2010, the First Appellate District of the California Court of Appeal granted a writ dismissing petitioner's case because he was brought to trial more than 60 days after his felony arraignment in violation of his statutory right to a speedy trial. On […]

Burglary and Assault with a Deadly Weapon - California Penal Code Section 459 & 245(a)(1)

March 19, 2010

Assault with a deadly weapon, Burglary

Paul Wallin

Burglary and Assault with a Deadly Weapon - California Penal Code Section 459 & 245(a)(1) Carey Lynn Barton from Escondido, California was recently arrested as reported by San Diego 10 News. 47-year-old Barton was charged with “suspicion of residential burglary, assault with a deadly weapon, battery and dissuading a witness.” Police believe Barton broke into […]

Defendant is Entitled to Claim of Right Defense Jury Instruction Where He Was Charged With Aiding and Abetting Burglary

January 22, 2010

Burglary

Paul Wallin

Defendant is Entitled to Claim of Right Defense Jury Instruction Where He Was Charged With Aiding and Abetting Burglary The California Court of Appeals recently ruled in People v. Williams that a defendant charged with burglary on an aiding and abetting theory is entitled to a “claim-of-right” jury instruction. A claim-of-right jury instruction is used […]

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irvine

18022 Cowan # 285, Irvine, CA 92614

(949) 776-3424
(888) 749-0034

San Bernardino

225 W Hospitality Ln Suite 319, San Bernardino, CA 92408

(909) 383-1867
(888) 749-0034

Riverside

7177 Brockton Avenue Suite 339 Riverside, CA 92506

(951) 684-3340
(888) 749-0034

Victorville

15437 Anacapa Rd Unit 12, Victorville, CA 92392

(760) 245-3045
(888) 749-0034

Torrance

21151 S Western Ave #233, Torrance, CA 90501

(310) 527-5500
(888) 749-0034

Anaheim

1161 Raymond Ave, Anaheim, CA 92801

(714) 710-7917
(888) 749-0034

tustin

17592 Irvine Blvd, Tustin, CA 92780

(714) 730-5300
(888) 749-0034

san diego

444 W C St, #410, San Diego, CA 92101

barstow

400 S. 2nd Ave, Suite 206, Barstow, CA 92311

west covina

1619 West Garvey Ave N, #107, West Covina, CA 91790

long beach

5199 Pacific Coast Highway # 604, Long Beach, CA 90804

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