Criminal Defense Blog
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 committed without actual taking property of another person, as opposed to the crimes of theft, robbery, or carjacking. Burglary committed in a home is first-degree burglary, also known as residential burglary. This crime is prosecuted as a felony with the maximum punishment up to six years in a state prison. All other types of burglary are considered burglary of second-degree that may be prosecuted as a misdemeanor or a felony.
First-degree burglaries are home invasions, for which the law provides more severe penalties. Because residential burglary is considered a serious felony, it will be deemed a "strike offense" for the purposes of sentencing. That means that an individual convicted of first-degree burglary must serve at least 85% of his or her sentence, regardless of good behavior or other circumstances. A felony conviction of residential burglary also brings other serious consequences. If such individual has been convicted of another felony at a later time, that person’s prison sentence will automatically double the base term the court will consider for sentencing. If a person is convicted of the third "strike," he or she may be imprisoned for life.
If you have been accused of burglary, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 40 years.
We have offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville. We are able to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
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