January 11, 2024 By Wallin & Klarich

Understanding Burglary Charges and Defense | California PC 449 

Burglary is a crime that involves entering a building or structure with the intent to commit a crime inside. In California, burglary charges are defined under Penal Code 449 and can result in severe penalties if convicted.

Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We have over 40 years of experience in Southern California. Call us today at (877) 4-NO-JAIL for your free consultation!

What Constitutes Burglary in California? 

According to California PC 449, there are three elements that must be proven for someone to be convicted of burglary:

  • Entering a building or structure
  • With the intent to commit theft or any felony inside
  • Without the owner’s permission

It is important to note that the entry can be made through any means, such as breaking a window, picking a lock, or even using false pretenses.

Penalties for Burglary in California 

Burglary charges are classified as either first-degree or second-degree, depending on the type of structure that was entered. First-degree burglary involves entering a residence, such as a home or apartment, while second-degree burglary includes any other structure, such as a store or office building.

First-degree burglary is considered a felony and can result in a prison sentence of up to six years and a fine of up to $10,000. Second-degree burglary is also a felony with a potential prison sentence of up to three years and a fine of up to $10,000.

Defenses for Burglary Charges 

If you are facing burglary charges in California, it is essential to seek legal counsel immediately. Your attorney can help build a strong defense based on the specific circumstances of your case.

Some common defenses for burglary charges in California include:

  • Lack of intent: In order to be convicted of burglary, it must be proven that there was an intent to commit a crime inside the structure. If there is no evidence or testimony to support this, then the charge may be reduced or dismissed.
  • Mistaken identity: If you were mistakenly identified as the perpetrator of the burglary, your attorney can gather evidence and provide an alibi to prove your innocence.
  • Consent: If you had permission to enter the structure, then it cannot be considered burglary. Your attorney can present any evidence or testimony that proves this.

Burglary charges in California are serious and can result in severe penalties. It is crucial to understand the elements that constitute burglary and the potential defenses that may be available to you. If you are facing burglary charges, it is essential to seek legal counsel from an experienced criminal defense attorney who can provide guidance and representation throughout the legal process.  So if you or someone you know is facing burglary charges in California, don’t hesitate to reach out for help. Remember, the consequences of a burglary conviction can have a lasting impact on your life, so it’s important to take these charges seriously and fight for your rights with the help of an experienced attorney.

How a Defense Attorney Can Help 

If faced with a burglary charge in California, a defense attorney plays an instrumental role in navigating the complex legal landscape. They can dissect the intricacies of California PC 449 and apply their deep understanding of legal procedures to your unique situation. An experienced attorney will rigorously scrutinize the prosecution’s evidence, ensuring that it was legally obtained and that it truly substantiates the charge. Furthermore, they can advocate for your rights, challenging any inconsistencies or weaknesses in the prosecution’s case. By casting reasonable doubt on your guilt, they aim to secure a reduced charge, acquittal, or dismissal. Thus, securing the services of a skilled defense attorney can be a pivotal step towards safeguarding your future.

At Wallin & Klarich, you will never be left wondering what will happen next with your case. Our attorneys will help you through each step of the process, and figure out the best strategy for your case, which will help you get the best possible outcome. Our attorneys at Wallin & Klarich are here to help you. We offer exceptional service, experience, and affordable payment options to help you manage the cost of hiring a defense attorney. Call our office today for a free consultation!

Contact Wallin & Klarich Today 

If you are facing a burglary charge, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case. 

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.

Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

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