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What You Need to Know if You Are Accused of Burglary and How it Can Affect You – Penal Code Section 459

In California, burglary is a very serious crime with serious consequences. There are generally two types of burglary, commercial and residential, often called first and second degree burglary. Burglaries committed in someone’s home are residential burglaries which are always felonies. All other burglaries are commercial burglaries and can be charged as either a felony or a misdemeanor.

What is Burglary in California?

burglary attorneyCalifornia defines burglary as entering a structure with the intent to commit a felony once inside. A defendant can be convicted of commercial burglary if the defendant entered a building, vehicle, vessel, or cargo container, with the intent to commit theft or a felony. A felony commercial burglary conviction is punishable by up to three years in state prison. A misdemeanor commercial burglary carries a potential penalty of up to one year in county jail and a $1,000 fine.

A defendant can be convicted of residential burglary if the defendant burglarized an inhabited home or a room within an inhabited home, and the defendant entered with the intent to commit theft or a felony. Residential burglary is punishable by imprisonment in the state prison for up to six years.

In addition, first degree burglaries are considered “strikes” under California’s Three Strikes Law, which brings substantial additional punishment and requires that you serve a longer percentage of your sentence before being released. In addition, if you have two prior strikes and are accused of any new felony, you are facing a potential sentence of 25 years to life in prison.

There are also many defenses to burglary charges our skilled burglary attorneys have used to successfully defend our clients accused of burglary.

One of the defenses we have successfully used is consent. A defendant cannot be charged with burglary if the defendant had been invited onto the property by the owner.

Call an Experienced Burglary Attorney at Wallin & Klarich

If you have been charged with burglary in California, you should immediately consult with one of our experienced criminal defense attorneys. At Wallin & Klarich, our attorneys have been fighting for over 30 years to successfully defend our clients accused of burglary. We’ve helped thousands of clients in their time of legal need and we can help you now.

With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, an experienced Wallin & Klarich attorney can help no matter where you work or live.

Contact offices today at (888) 280-6839 for a free phone consultation. We will be there when you call.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.