Los Angeles Burglary Attorney | Justin E. Sterling

Being arrested for burglary can be overwhelming. The potential consequences are scary, and the uncertainty can make the situation even worse. You may be stressed out over questions like: Will I go to jail? Will I lose my job? What will happen to my family?

Just keep in mind: An arrest is not the end of the line. There are many defenses to burglary charges, and there will be many opportunities to improve your outlook with the right defense attorney.

At the Law Offices of Justin E. Sterling, we have been helping people in your situation for more than two decades. We can give you a straightforward assessment of your case and tailor a defense strategy aimed at getting the best outcome for you.

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What to Expect If You’ve Been Arrested on a 459 Burglary Charge

When most people think of the criminal process, they imagine the version depicted on television – fast-paced, action-packed, and filled with drama. In reality, the process is much more deliberate, drawn out and, in some ways, highly predictable.

Following an arrest, the criminal process can be divided roughly into four stages: arraignment, pre-trial proceedings, trial, and sentencing.

Understanding California Burglary Law

The crime of burglary is charged under California State Penal Code 459. The crime entails the act of breaking into a private building or home without the permission of the owner. The kind of building is irrelevant. It could be a house, a store, a warehouse – it really doesn’t matter. What matters is that the perpetrator must have the intent of committing a felonious act, such as the intention to steal something or assault someone in the building.

Notably, the offender does not actually have to carry out the felonious act to be guilty. For example, if a person breaks into an auto shop with the intention of stealing catalytic converters but can’t figure out how to remove them the cars, they are still culpable even if they leave with nothing.

First-Degree vs. Second-Degree Burglary

There are two kinds of burglary charges in California: first-degree and second-degree.

First-degree burglary

A person is charged with first-degree burglary when they burglarize a “dwelling,” which may be a house, room, shop, warehouse, tent, railroad car, cargo container, camper, or other location. First-degree burglary is always a felony.
A conviction for first-degree burglary can result in a prison sentence of 2, 4, or 6 years.

Second-degree burglary

Second-degree burglary includes “all other kinds of burglary” that cannot be considered first-degree burglary. Generally, this may involve more commercial properties rather than domestic.

Second-degree burglary is considered a “wobbler offense” and may be charged as either a felony or misdemeanor depending on the nature of the crime and the defendant’s criminal history.

The penalties for misdemeanor second-degree burglary include a 1-year maximum prison sentence and a fine of up to $1,000.

The penalties for felony second-degree burglary include a maximum prison sentence of 3 years and a fine of up to $10,000.

In some cases, shoplifting may be charged as second-degree burglary if the defendant had the intent to steal upon entering the store.

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How Does Burglary Differ from Theft and Robbery?

People often use the terms burglary, theft, and robbery interchangeably. However, these are each distinct crimes under California law.

How burglary differs from theft

To be convicted of theft in California, the offender must have the specific intent of taking or withholding the property of another. Theft may involve personal property, money, real property, or the value of a person’s labor.

Theft does not require person-to-person interaction. In fact, it can occur without the owner’s knowledge entirely. The defendant does not need to take the property by using force or threats. In fact, the property doesn’t even need to be in the owner’s possession to begin with. For example, the owner could agree to lend the offender property for a period of time, and the offender could simply decide to keep it and claim it as his own.

Theft differs from burglary in that the offender does not have to break into a building. For theft, the property can be out in the open or even in the possession of the perpetrator in a loan arrangement.

How burglary differs from robbery

Robbery is charged under California Penal Code 211. The crime involves five elements:

The defendant took property that did not belong to them.
The property was taken from the victim or their immediate presence.
The property was taken against the victim’s will.
The defendant used fear or force in taking the property.
The victim was deprived of the value or enjoyment of the property.

One of the starkest contrasts between robbery and burglary is the actual taking of property. Remember, burglary does not require the actual taking of property, only the intent to commit a felonious act. Robbery requires the taking of a person’s property.

Furthermore, robbery requires the use of force or fear, while burglary requires no human-to-human contact.

Common Burglary Defenses

There are many potential defenses to a burglary charge. As we evaluate your case, we will identify the best options for you. Some of the common arguments that could apply include:

You did not have felonious intent.
You did not actually enter the building.
You were given permission by the owner to enter the building.

You were a victim of mistaken identity.
You were returning property to the building.
Law enforcement made mistakes that violated policies or procedures.

Get Advice from an Experienced Los Angeles Burglary Lawyer

When you are charged with a serious crime such as burglary, it is important to act quickly. The actions you take in the early stages of a criminal trial can have a tremendous impact on the outcome. Furthermore, the police and prosecution may encourage you to make concessions or even admit guilt without informing you of the consequences. An attorney can protect you from making mistakes that could hurt your case.
For two decades, the Law Offices of Justin E. Sterling has been focused on defending people charged with crimes in Los Angeles. We hold the police and prosecution accountable, ensuring your rights are honored throughout the process. We go the extra mile for our clients, providing rigorous legal representation at each stage. Our firm also maintains a team of experienced investigators who can dig up the critical evidence and expose the truth.

So if you need a seasoned lawyer who will fight for you, call us today for a free case review. We serve people in all areas of Los Angeles, including Beverly Hills, Brentwood, Burbank, Century City, Los Angeles Airport, Marina Del Rey, Pasadena, Sherman Oaks, Torrance, Valencia, West Los Angeles, and Woodland Hills. Don’t wait – call us today!

Los Angeles Burglary Lawyer

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