Warning: Constant MCF_PERF_DELAY_JS already defined in /home/staging_wklaw/www/wp-config.php on line 95
FAQ Burglary Archives - Wallin & Klarich

(877) 466-5245

Home » Burglary

Our Recent Posts

Burglary Under the Influence

October 18, 2016

Paul Wallin

I was arrested for with burglary of an occupied residence about two weeks after I was Baker Acted the same evening. I was under the influence and lost sight of reality and don't remember what happened. Can the Baker Act help my case? Should I have been arrested?

A friend was charged with robbery when he broke into a home he thought was empty. A resident woke up and fired a shot at him. Is this robbery or burglary?

September 27, 2012

Paul Wallin

The answer depends on the reaction to the crime by the resident of the home and whether any of that person’s property was actually taken by your friend. California burglary law, under Penal Code 459, requires that your intended to commit a petty theft, grand theft, or other felony once inside. It isn't necessary for […]

What is the difference between 1st and 2nd degree burglary?

September 11, 2012

Paul Wallin

First-degree burglary is the burglary of an inhabited house or dwelling. First-degree burglary is always a felony in California. Second-degree burglary is commonly referred to as commercial burglary. Second-degree burglary includes all burglaries that are not first-degree. The most common type of second-degree burglary is theft from a retail store.

Can I use the fact that I was under the influence of drugs and alcohol when I burglarized a home as a defense to the charge of burglary in court? Will the fact that I am now attending drug and alcohol rehab help my case?

August 23, 2012

Paul Wallin

Burglary While Under The Influence Burglary of a person’s residence is what is known as a first degree felony burglary. To be convicted of this crime a prosecutor must prove that you broke and entered into the home with the specific intent of committing theft or a felony. When you are charged with a specific […]

How long does the DA have to prosecute me for burglary?

June 12, 2012

Paul Wallin

If you are being accused of a first degree burglary then you are facing up to six years in state prison and a strike offense. If you are facing second degree burglary you are facing up to three years in jail. In either case the DA must file formal charges against you within three years […]

Can the District Attorney file a felony burglary charge against me if the charges were already dismissed one time? (PC 459)

March 22, 2012

Paul Wallin

The answer is unfortunately they probably can. The law in California allows the prosecutor to file felony criminal charges a maximum of two times so long as you have not been found not guilty by a jury. What this means is so long as the District Attorney refiles the charges within the statute of limitations […]

Our son has just been arrested for burglary. He has no prior record. What punishment is he facing?

November 8, 2011

Paul Wallin

Your son is either facing first or second degree burglary charges. If he is alleged to have entered a residence with the intent to commit a crime in the home, he is facing the most serious type of crime, a “strike offense”. He is facing up to six years in prison and if he is […]

Search our site

Blog Categories

Our California Locations

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

Request A Free Confidential Consultation

"*" indicates required fields

our locations

*By Appointment Only*

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

schedule a free
confidential consultation

If you or a loved one have been accused of a crime, now is the time to contact us.

"*" indicates required fields

California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.