Burglary – Penal Code 459
Los Angeles Burglary Attorney
Burglary (Penal Code 459 PC) is defined as the act of trespassing or unlawfully entering a building or property with the intent to commit ANY crime, not just theft. In order to be convicted for burglary, the state only needs to prove that the defendant had the intent to commit a crime once inside the building or property, whether the crime was actually committed or not.
Most states distinguish between two different types of burglary: first degree and second degree burglary.
First degree burglary is a serious crime and a felony offense. When an individual unlawfully enters or trespasses in an inhabited dwelling (i.e. a home when people are present) with the intent to commit a crime, it is considered first degree burglary.
Second degree burglary, commonly called “commercial burglary,” is a less severe offense and is committed in an uninhabited dwelling, usually in a place of business.
If the defendant is caught with a weapon, for example a gun, the penalties can be extensive. In addition, other charges can be filed, such as receiving stolen property or possession of burglary tools.
Ramifications of Burglary Charges
Burglary charges can be simple misdemeanors where restitution and probation are ordered, or they can be very serious felonies where decades of imprisonment are possibilities. If the defendant is caught with a weapon, for example a gun, the penalties can be extensive. In addition, other charges can be filed, such as receiving stolen property or possession of burglary tools. If the burglary involved a theft, the amount of loss to the victim may be an important factor in determining sentencing. The police and the courts take burglary charges very seriously, often sentencing convicted individuals with harsh legal punishments.
Our Los Angeles Criminal Defense Attorneys Can Help!
Our Los Angeles theft defense lawyers have a long track record of dramatic results in burglary cases. Our defense strategies and our experienced burglary trial attorneys have saved our clients from convictions and years of prison time. Call today and speak with an attorney at (800) 458-1488.