Burglary
Orange County Burglary Defense Attorney
If you’re being charged with burglary in Irvine, Newport Beach, Santa Ana, Fullerton, Westminster, Costa Mesa, Anaheim, Huntington Beach, or any where in Orange County, you need to call an experienced Orange County Theft Defense Attorney at the Law Offices of Michael L. Guisti right now. It’s possible if you were caught shoplifting or petty theft you told something to police that they constructed as burglary.
Simply put, burglary is basically when a suspect plans to enter a structure with the INTENT to commit a felony or petty theft once inside. The Orange County burglary attorneys want you to understand if you decided to shoplift on impulse once inside the store, you cannot be guilty of burglary, because you decided to commit the act once inside rather than walking into the store with the intent to shoplift, in which case that would constitute burglary.
The Crime of Burglary
In California they’re two Penal Code (PC) sections that deal with burglary.
PC 459
The Orange County burglary lawyers explain the crime of burglary is covered under PC 459 Burglary, which, as explained above, is entering a structure, inhabited dwelling or other enclosure with the intent to commit a felony or a petty theft once inside.
PC 460
This PC section, according to the Orange County burglary lawyers, deals with the two different degrees of burglary, first degree burglary and second degree burglary.
First Degree Burglary
If you’re being charged with first degree burglary you must understand this is the more serious burglary charge as it’s charged as a felony. First degree burglary is typical residential burglary and is generally defined by a place where a person lives and sleeps, regardless if the said dwelling is currently occupied or not.
Second Degree Burglary
Second degree burglary is typically commercial burglary and if often changed along with various theft crimes such as shoplifting, petty theft and grand theft. Depending on the circumstances you could be charged with second degree burglary either as a misdemeanor or felony.
Proving You Committed Burglary
It’s important to understand they’re several buildings and other places that if you allegedly broke into you can still be charged with burglary. While there is the obvious like a house or other residential dwelling, burglary charges also extend if you allegedly broke into a barn, car, railroad car, bus or even aircraft.
The Orange County criminal defense attorneys explain that for you to be charged with burglary the Orange County District Attorney must prove two things, one, you entered a building or other structure, and two, at that time you entered you had the intent to steal/shoplift or commit a felony.
Understanding “Entry”
While entry may seem straight forward, they’re several cases where it’s not and many people arrested for alleged burglary may think since they didn’t enter a building they cannot be charged with burglary. It’s very important to understand if you, for example, allegedly reached through a window or used a tool or other object to get an item inside the building while standing outside of the door/structure that constitutes burglary.
The Burglary Intent
The Santa Ana burglary attorneys explain this is where it gets tricky as what objects you have on you and/or what you say to police can make all the difference if you’re going to face burglary charges. Your intent may be clear if you’re caught with a crow bar, screwdriver and other items associated as being burglary tools, in which case police can charge you with a misdemeanor “burglary tools” crime under PC 466.
For most residential burglaries the intent is often assumed to be there, but not always and that is why you need a professional Orange County burglary lawyer by your side. Now where it gets difficult for the police and DA to prove your intent is in most shoplifting cases.
According to our Costa Mesa Theft Crime Attorney at the Law Offices of Michael L. Guisti that many shoplifting cases are done on impulse, that is to say once inside the store the suspect sees an opportunity to shoplift and does it. Now if the said suspect is caught many times police will ask a tricky question like, “So tell, did you maybe think about doing this before coming into the store?” and if the suspect answers “yes” or gives an answer implying this was thought out before entering the store the suspect can now be charged with burglary since police believe there was an intent to shoplift before entering the building.
In many shoplifting cases this is the key difference between being charged and not being charged with burglary, if you intended to shoplift before entering the store, you’ll face burglary charges, but if you didn’t intend to shoplift and simply did shoplifted on impulse you cannot face burglary charges since you didn’t plan to commit the crime before entering the building.
The Fullerton criminal lawyers at the Law Offices of Michael Guisti stress should you or somebody you know be arrested for shoplifting invoke your Miranda Right to remind silent and have your Orange County shoplifting attorney by your side during questioning, because police could trip you up and you could, whether you really did it or not, accidentally admit to burglary.
Now, according to the Newport Beach shoplifting attorneys at the Law Offices of Michael Guisti, if you entered a store with scissors and/or a bag you’ll likely face burglary charges since such items show police and the Orange County District Attorney you had an intent to commit a crime before entering the store as the scissors show you had the intent to cut the price tag off and a bag shows you had the intent to conceal the items.
Intent Steal or to Commit Another Felony
For the burglary charge to stick the Orange County District Attorney must prove that you intended to enter the building with the intent to commit petty theft or other felony. That “other” felony must always be either a straight felony, or a “wobbler,” which means it can be charged either as a misdemeanor or felony, but if the crime you commit after entering a structure is only a misdemeanor you cannot be charged with burglary.
Other Charges Associated with Burglary
In addition to shoplifting, petty theft and grand theft charges, they’re other common charges associated with burglary.
Robbery - PC 211
Many people think burglary and robbery are alike, however they’re very different crimes. Robbery, under PC 211, is the taking of another’s property from their person or immediate presence accomplished by force or fear. So if a suspect used fear and/or force after breaking into somebody’s home that suspect would be charged with burglary and robbery. Yet, if the suspect held somebody up in the street to take their property they would only be charged with robbery.
Embezzlement - PC 503
Under PC 503 embezzlement is stealing property has been entrusted to you, and if you walked into your workplace intended to steal the said property entrusted to you it’s certainly possible you could face theft and burglary charges. Now if this is the case there could be a defense made that you decided to do this on impulse after entering the building, thus not constituting burglary.
Burglary Defense
The Irvine Criminal Attorneys at the Law Offices of Michael L. Guisti stress that if you have been charged with burglary you should consult an attorney right away as they’re several defenses available.
Lack of Intent
Our Orange County burglary defense attorneys see this all the time, especially in shoplifting cases. The bottom line, if you didn’t have any intent you aren’t guilty of burglary.
If Convicted
They’re several different punishments for burglary, which is why you need to make an appointment to see a experienced Orange County burglary defense lawyer.
If Convicted of Felony First Degree Burglary
First degree burglary is always a felony and if convicted you could face between two to six years in a California state prison and a maximum fine of $10,000.
If Convicted of Felony Second Degree Burglary
If convicted of felony second degree you face between 16 months and three years in a California state prison and a $10,000.
If Convicted of Misdemeanor Second Degree Burglary
If convicted of misdemeanor second degree burglary you could face up to one year in Orange County jail and a maximum $1,000 fine.
Sentencing Enhancements
Use of Explosives or a Torch
If you use explosives or torches to help gain entry you can be charged with a felony and face between three to seven years in a California state prison.
“Great Bodily Injury”
If you inflicted "great bodily injury" on another person during the burglary you face an additional and consecutive three to six year California state prison sentence depending on the nature of the injury, and the nature of the victim.
Call Orange County Burglary Attorney Michael L. Guisti Now!
As you can see, this is a very serious charge you’re facing, in addition to other felony charges you could be facing in conjunction with this robbery, which could land you behind bars for many years in state prison and that is why you need to call Orange County Theft defense attorney Michael L. Guisti right now at 714-530-9690 or 888-478-8999, so we can help you stay out of jail.
If you or your family has been arrested or charged with burglary, petty theft, shoplifting, embezzlement, grand theft, fraud, robbery or any type of theft charges, it is critical to consult with our skilled Orange County Theft Defense Attorney at the Law Offices of Michael Guisti immediately. Our criminal defense theft crime specialists will handle your case in the best possible ways to reduce your misdemeanor theft, felony theft, burglary, embezzlement, grand theft, any criminal charges or even sometimes to dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.
