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What Are the Common Questions About Burglary Offenses?
Burglary is the crime of illegally entering a structure or a locked vehicle with a clear intent to commit theft or a felony offense. However, individuals who are wrongly accused of committing burglary have a lot more questions they would like answered to find out as much about the crime they’re accused of as possible. The best way to do so is to hire a San Diego’s top burglary lawyer. However, you should also be familiar with the common questions beforehand.
What are the frequently asked questions about burglary?
When you’re unjustly accused of committing either first-degree or second-degree burglary, the first thing you want to do is try to find out as much as possible about the offense you’re charged with. You should begin by looking at the most commonly asked questions about burglary and the answers to those questions. Here’s what people mostly want to know:
What is the difference between first-degree and second-degree burglary?
First, let’s clarify the different names for both first-degree and second-degree burglary. Burglary in the first degree is often referred to as “residential burglary”, while burglary in the second degree is frequently referred to as “commercial burglary”.
Being familiar with the different names for the two types of burglary, it can be easier to deduce what they entail. First-degree burglary is a burglary of a residential property, while second-degree burglary is a burglary of any non-residential property.
What constitutes a “residence”?
Knowing what constitutes a “residence” in the state of California is important in order to properly differentiate between a first-degree burglary and a second-degree burglary. By law, a “residence” can refer to any of the following properties:
- Inhabited house
- Room of an inhabited house
- Inhabited boat
- Inhabited floating house
- Inhabited trailer coach
- Inhabited portion of a different type of building
- Inhabited motel or hotel room
Here, “inhabited” means that an individual is using a certain structure as their dwelling, and it doesn’t mean that the individual has to be present in their dwelling during the act of burglary.
What is the difference between shoplifting and burglary?
Under Penal Code 459.5, shoplifting has three vital characteristics:
- Entering a certain commercial establishment
- Entering said establishment during standard business hours
- Entering the establishment with an intent to steal property in total worth of up to $950
Is burglary identical to “breaking and entering”?
No, “breaking and entering” is not identical to a burglary. Under California law for burglaries, an individual is not required to break and enter a property to be found guilty of committing burglary. You can be guilty of a burglary after using an unlocked window or door to enter the premises of a property. On the other hand, “breaking and entering” does entail forced entry.
Who is San Diego’s foremost burglary lawyer?
When preparing a strong legal defense for your burglary claim, there are several things you should do. First, learn what different types of burglary there are, and what kind of burglary penalties you can be sentenced to in case of an unfavorable outcome. Finally, find out what the most common burglary-related offenses are and whether the court can try to pin an additional charge on your case. However, there’s no substitute for a reputable lawyer.
That is why you should contact Vik Monder and his Monder Criminal Lawyer Group – the leading burglary law firm in San Diego and all its communities. Vik boasts years of professional experience helping innocent individuals accused of burglary get their voice across. With his help, you’ll soon be able to enjoy the Botanical Building without a single worry on your mind. We offer free consultation and accept various payment methods. Give us a call today!