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.
What Makes the Law Offices of Justin E. Sterling Different?
As a law firm that is exclusively focused on criminal defense, we provide aggressive representation and savvy case strategies. Many of our former clients continue to recommend us to friends and family who find themselves on the wrong side of the law.
Our trusted defense team offers:
More than two decades of criminal trial experience
A long track record of successfully handling all types of criminal cases, with more than 70 jury trials tried to verdict
In-house investigators with extensive law enforcement experience
Excellent working relationships with prosecutors, district attorneys, and courts across the Los Angeles area
Intentionally small caseload to ensure clients get the full attention they need
If you’ve been accused of burglary, don’t wait to get the legal advice you need. Contact us today for a free case review with a seasoned Los Angeles burglary attorney.
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.
Arraignment
The arraignment is your first formal court appearance after an arrest. During arraignment, you will be informed of your constitutional rights and the charges against you. You will also be given the opportunity to enter a plea, whether not guilty, guilty, or nolo contendere (no contest). Then the judge will set the terms of your bail. It is crucial to have an experienced Los Angeles burglary lawyer represent you during this initial phase. There is a lot of opportunity early on to gather information, identify problems in the prosecution’s case, and push for a favorable outcome.
Pre-trial proceedings
The pretrial stage is when most discovery will take place. The parties will request documents from each other and conduct investigations to uncover evidence. The parties will both get the chance to submit motions and waivers. Generally, when a party asks the court to grant a motion or waiver, they are asking it to make a legal ruling regarding some aspect of the case. For example, a party may file a motion to suppress certain evidence from the case. This is also the stage when the prosecution will be asked to demonstrate probable cause that:
The crime in question was committed.
The defendant was the person who committed the crime.
During this pre-trial phase, your attorney will likely fight to have the charges against you dismissed or reduced. If a plea deal is the best option, your attorney will work to negotiate the best terms possible for you.
Trial
If a case is not resolved in the pre-trial phase, it moves on to trial. There are two kinds of criminal trials: jury trials and bench trials. During a jury trial, a select group of people from the defendant’s community will listen to oral arguments, hear witness testimony, and view other evidence before making a final determination of guilt. In a bench trial, the decision to convict or acquit rests entirely with the judge – there is no jury. During the trial, both sides will present evidence, testimony, and arguments. At the conclusion of the trial, you will hear the verdict.
Sentencing
If you are found guilty, the case will move to sentencing, where punishment is decided. Both the prosecution and the defense will be given the chance to petition the court for a harsher or a more lenient sentence. Your attorney might try to demonstrate the existence of mitigating circumstances and present evidence that you were otherwise a positive influence in your community. The prosecution may submit victim impact statements and other material suggesting a more severe sentence is required. Ultimately, you will be handed a sentence that may include prison time, fines, community service, and other punishments.
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.
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.
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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!
The outcome of your case truly depends on the quality and experience of the individual lawyer fighting for you. Get a proven Los Angeles criminal defense attorney on your side. Contact the Law Offices of Justin E. Sterling for a free and confidential consultation.
(818) 995-9452
