Burglary is divided into two types, first degree and second degree.
A First Degree Burglary, also known as Residential Burglary, is entering the dwelling area of another’s with the intent to steal something or to commit a felony inside. A dwelling is defined to include an attached garage and hotel room. A first degree burglary is considered a “Strike” offense. If someone is convicted of this offense and then later is convicted of another felony of any kind, his or her punishment may be doubled under the “three strikes” law. According to California law, burglary in the first degree is punishable “by imprisonment in the state prison for two, four, or six years.”
Second Degree Burglary involves all commercial buildings, boats and cars. Depending upon when the person formed the intent to steal something, a crime such as petty theft can become a burglary. This is always a question of fact as a person accused of burglary may have told the police that they intended to steal before entering the building. Burglary in the second degree is punishable “by imprisonment in the county jail not exceeding one year or in the state prison.”
To further complicate the intricacies surrounding a burglary charge in California, a person can be charged with burglary even if he or she did not complete the act of burglary. However, this puts the burden of proof on the prosecution who will have to demonstrate that a person had the intent to steal or commit another felony at the time of entry into another’s dwelling.
Every burglary case is different. In some instances, it can be proven that there was not a guilty intent during an entering of a premise, thus increasing the chances that burglary charges will be dropped to lesser charges. Petty theft, shoplifting, and other misdemeanor theft crimes, may be alternatives to the more serious crime of burglary.
No matter how severe the burglary charges against you may seem, do not let intimidation or confusion stop you from learning about your legal rights and options for defense. Maltaise Cini has been defending the rights of those charged with burglary and other serious crimes for many years, lending her the knowledge and resources to get criminal charges reduced or dismissed. If you or a loved one stands accused, contact a skilled Newport Beach criminal defense attorney today. Call Maltaise Cini, Attorney At Law at (949) 660-1389 for more information.