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Burglary Penalties & How to Fight Them
Knowing what the possible consequences for a burglary crime are and how you can fight them to prove your innocence is essential for ensuring your voice is heard in the courtroom. Penalties for first-degree burglary can be quite severe. That is why it’s important to secure adequate legal protection by hiring an experienced burglary attorney in San Diego to help with your legal defense against such charges. However, first learn more about what they are.
What are the possible penalties for burglary in California?
The first thing after getting familiar with what burglary charges are is to find out more about the potential penalties you could be facing. First-degree burglary can carry significant penalties, while second-degree burglary charges are more lenient. Let’s see what the possible charges for these two types of burglary are:
Penalties for first-degree burglary
In California, burglary in the first degree is always a felony. The consequences can include a prison sentence in a state prison for a maximum of 6 years. Also, other possible sentences include two and six years in prison, as well a formal probation and a fine of as much as $10,000.
Penalties for second-degree burglary
Burglary in the second degree is a wobbler offense under California law. A wobbler offense is an offense that can be charged in two different ways:
- Felony: This involves a possible jail sentence for the duration of 16 months and two or three years, a maximum fine of $10,000, and potential felony probation.
- Misdemeanor: If the second-degree burglary is tried as a misdemeanor, it carries a maximum potential jail sentence of one year, a fine of $1,000, and summary probation.
How can I fight burglary penalty charges?
As serious as some of the possible charges for both second and first-degree burglary are, it’s important to also know that you can fight them. There are many legal defense mechanisms expert burglary attorneys can implement to prove your innocence of the proposed crime. Here are the 4 most common strategies defense lawyers implement:
Lack of intent
Intent is vital for a successful PC 459 case. Lacking intent to commit a crime of felony or theft upon entering a property means you cannot be found guilty of burglary.
Claim of right / mistake of fact
Mistake of fact is a PC 459 legal defense that is closely related to your lack of intent to commit a serious offense. Under the mistake of fact precedent, you cannot be found guilty if:
- You entered a person’s home to take back a possession that once belonged to you.
- You firmly believe that you had permission for taking the item back.
Factual innocence
Proving that it wasn’t you who committed the burglary is one of the best defenses you can have. Individuals can get arrested for a cimr they did not commit This happens for numerous reasons:
- Mistaken identity
- Misleading evidence
- False accusations
Police misconduct
Finally, overeagerness to solve the case can lead the police to violate your rights. Proving misconduct allows you to file a Pitchess motion against said police officer, which can lead to establishing a pattern of similar misconduct and incite a dismissal of your case. Frequent examples of misconduct are:
- Fabricating and planting evidence
- Asking the witnesses leading questions
- Violating the Fourth Amendment
- Coercing confession
Who is the leading burglary attorney in San Diego & the area?
Knowing what the possible burglary penalties in California are and how you can fight them is a vital step in preparing your defense. However, it’s not the only one. You should also learn what the different types of burglary are, see what other people are asking about burglary, and learn more about the frequent burglary-connected offenses. This will help you gain in-depth knowledge about burglary and help you prepare. Finally, find a reputable lawyer.
There is really only one option for all those living in San Diego and the area – Vik Monder and his Monder Criminal Lawyer Group. Vik is a professional attorney who’s spent years helping people claim their innocence in both first and second-degree burglary cases. He is here to ensure you’re quickly able to enjoy the Cabrillo National Monument without a single worry on your mind. Schedule a free consultation today. Give us a call!
