San Diego Burglary Attorney

The crime of burglary attracts several consequences, including imprisonment and fines, among other penalties that may adversely affect the offender’s reputation for quite an extended period. If you are facing such a charge, you should consult a reliable defense lawyer and receive proper legal advice on the case and the available choices.

At the Law Offices of Anna R. Yum, we have experienced lawyers who deeply understand burglary laws and can represent you in court. If you or a loved one faces arrest in San Diego for a California theft offense, contact us to fight for your rights and handle your case.

The Meaning of Burglary Under California Law

Under California Penal Code 459, you commit burglary when you enter any residential or commercial building with the intent to commit grand or petit larceny (theft) or a felony. PC 459 encompasses several buildings, from houses and apartments to stores and warehouses. The key difference between burglary and other theft crimes is that you intend to commit a crime at the time of entry.

The law does not require that the prosecution prove that you committed a theft or felony offense. The crime is established by mere entrance with the intent to steal or commit another felony.

Additionally, the law does not require an entry to be forcible or violent outside of a dwelling. A simple act of inserting a stick through a broken window or an open door with the intent of committing a crime is all it takes to face burglary charges.

Elements Of The Crime

For the judge to convict you, the prosecution must prove specific facts beyond a reasonable doubt. These include:

• You entered a building or structure
• You had the intent to commit grand or any felony at the time of entry
• You planned to deprive someone of their property or to engage in felonious activity
• Your entry was without the consent of the property owner

Sentencing, Penalties, and Punishment to California Burglary Crime

1st-Degree Burglary Sentencing, Punishment, and Penalties

In California, first-degree burglary is considered a felony.

As a felony, a PC 459 violation is punishable by two, four, or six years in state prison. The length of the sentence depends on several factors, including the circumstances surrounding your case and any prior criminal history you may have.

You may also be fined up to $10,000.

The judge may award you probation instead of a prison sentence if certain mitigating factors are present. Circumstances that may influence the court to grant probation include little or no prior criminal history, minor participation in the offense, or no violence at all. However, probation is not guaranteed and depends on the court’s discretion. The court also weighs your background and the particulars of this crime before subjecting you to probation.

The judge can make the punishment for first-degree burglary more severe if the victim is particularly vulnerable. Vulnerable people are those aged 65 or over, under 14, or disabled.

Prior felony convictions can also enhance your penalties for first-degree burglary under California’s Three Strikes Law. If you have prior felony convictions, especially those classified as serious or violent, the Three Strikes Law can lead to markedly longer prison sentences. A second strike can double an original sentence. With a third strike, you face 25 years to life in prison.

2nd-Degree Burglary Sentencing, Punishment, and Penalties

Second-degree burglary, commonly known as commercial burglary, is defined as entering any commercial establishment with the intent to commit a theft or a felony.

One key difference between first-degree and second-degree burglary is that second-degree burglary is considered a wobbler offense in California. Thus, it becomes either a misdemeanor or felony based on the circumstances of your case or your criminal record.

A misdemeanor crime is a criminal offense that is not as severe as a felony; thus, it attracts less severe punishment. If the prosecutor charges you with a misdemeanor second-degree burglary, possible penalties include:

• A one-year jail term
• Fines of not more than $1000
• Misdemeanor probation

If second-degree burglary is a felony, the consequences become much more severe. A felony conviction lands you in a county jail for 16 months, two years, or three years. Criminal charges in the felony category attract heavier fines that do not exceed $10,000.

Fighting The Case Using Legal Defenses

Below are legal defenses that your defense attorney can employ when defending your burglary charge. Each defense is tailored to the specific circumstances of your case, aiming to have your charges dropped or even dismissed.

Police Misconduct

Police officers are bound to conduct themselves professionally and follow different Constitution provisions in their investigative processes and arrest activities. Officers violating these provisions will likely jeopardize the evidence and infringe on the accused’s liberties, weakening the prosecution’s cause.

Police misconduct can assume different forms, and each of them is likely to affect the outcome of your case.

1. Illegal Search And Seizure

The constitution of the United States of America, under the Fourth Amendment,  says that no one should be subjected to unreasonable search or seizure. In most situations, law enforcement must secure a warrant before searching for something or someone. If the police searched you without a warrant or probable cause, any item searched and seized would not be admissible before the court.

2. Failure to Read Miranda Rights

If you are arrested, you have to be told your Miranda rights, which warn a suspect that they have the right to remain silent and the right to an attorney. If officers do not give this advisement, any statement you make may not be admitted in court. This exclusion can significantly help if the statements given in cross-examination are incriminating. Judges pay a lot of attention to violations of Miranda rights by the police when arresting suspects, and any such infringement is likely to exclude crucial evidence.

3. Coercive Interrogation Tactics

The law does not allow the use of force, threats, or other forms of psychological pressure to obtain a confession. If the court concludes that coercive pressure was used to obtain your confession, the judge may exclude your confession as evidence. Any statement obtained due to coercion cannot be relied on as true; hence, excluding confessions can significantly affect the prosecution’s chances of securing your conviction.

4. Racial Profiling And Discriminatory Practices

Discriminatory racial profiling is a solid defense you could employ if you are convinced that police singled you out because of your race and ethnic background. Courts recognize that such practices violate the Equal Protection Clause of the Fourteenth Amendment. Because of this, you could discredit the prosecutor’s charges if you can show beyond a reasonable doubt that you are subject to police discrimination. In return, the judge could dismiss your burglary charges.

Mistaken Identity

The possible explanation for why you were arrested and charged with burglary could have been due to a mistake in perpetrator identification. The mistaken identity defense is based on the fact that human perception and memory are sometimes poor, especially in confusing circumstances or during stress. People can make mistakes due to the following:

• Presence of light or the lack of it
• A brief encounter with the perpetrator
• The inherent unreliability of eyewitness testimony

In many cases of identity mix-up, witnesses misidentify people, resulting in a case of mistaken identity. That is why, even if the eyewitnesses are sure they saw the perpetrator and can identify them, this identification might be affected by factors such as:

• Stress
• Fear
• Police influence on the eyewitnesses

Credible studies have proved that misidentification by eyewitnesses is one of the leading causes of wrongful convictions. For example, if the crime happened at night or in a poorly lit area, it becomes very easy for the eyewitness to misidentify the suspect.

Other difficulties are also observed when other similar-looking people are present during the identification and police lineups.

Other reasons include the wrong choice of the police lineups or photo array.

Investigators should adhere to the rules when performing identification procedures to avoid prejudice and/or bias. However, variations from these procedures, such as presenting the suspect in a dissimilar setting or manner than other people in the lineup or giving hints, contribute to the prejudice of the process.

This is because if it can be proved that the lineup was performed in an improper manner, then the accuracy of the identification could be questioned. In such cases, your defense attorney will examine the procedures followed when conducting lineups and attempt to preclude prejudiced identification at the trial.

Alibi’s presentation is another substantial part of mistaken identity defense strategies. When the defense is established, one of the vital things that can support you is proving that you were not at the crime scene during the commission of the crime. You could present a witness, CCTV tape, receipts, or any other document proving where you were during the alleged burglary.

For example, if you were at a restaurant with friends or working a shift at your job when the crime occurred, these witnesses can attest to your whereabouts, thereby disproving the prosecution’s case.

Your attorney can also challenge eyewitness credibility. Your attorney may cross-examine the eyewitness to reveal inconsistencies in their testimony or highlight factors that could have impaired their ability to accurately identify the perpetrator. This can include questioning the witness about the following:

• Lighting conditions
• Duration of their observation
• Distance from the suspect
• Distractions they might have faced

You cast doubt on the reliability of the eyewitness if you can create reasonable doubt in the minds of the jurors.

Mistake of Fact

There may have been a mistake of fact, which might have been genuine and reasonable. This eliminates the element of intent to commit a crime. The pivotal point of this defense is to prove your belief in the mistaken fact was in good faith. That means you believed it was reasonable to do so under the circumstances.

For example, you enter a compound to fix a faulty bulb, believing that the owner allowed you. Or, you were given keys to a friend’s house to water their plants since the friend was out of town, and you accidentally got into the wrong apartment.

In this case, your entry was not purposefully for the reasons of stealing or any other felony, and that was due to the misconception of having the right to enter the premises. Mistaken action must be reasonably justified. It can be easily explained that anyone in the same circumstances would act similarly.

To create a mistake of fact defense, you must prove that you had a basis for such an opinion.

Another vital piece of evidence could be the inclusion of text messages or emails from the property owner providing you access to the house. An eyewitness is also considered helpful for your case, provided someone can testify about your perception or something that happened before your entry.

For example, if a neighbor bearing witness saw you carrying a key and entered the building, they would bear witness to your claim.

Reasonableness of the mistake shall involve examining the nature of the mistake and its reasonability through the court of law. You must demonstrate this because the common law system expects the mistake to have been made on a fact as distinguished from the law.

For example, thinking that it was legal to enter an individual’s house because of a misconception about the law would not hold water. The mistake must be factual in nature. For example, you must honestly believe you had the owner’s consent or that you were taking something that belonged to you.

Lack of Intent

According to Penal Code 459, burglary involves entering dwellings or any other enclosed structures with the intent of committing a theft or any felony. Demonstrating the lack of intent could help reduce your charges or dismiss your case altogether. This is because intent is one of the key elements in proving a burglary charge beyond reasonable doubt.

For this defense to hold water, you must prove that you lacked the intent to commit a crime at the time of entry. You can attain it by showing that you had a reasonable cause as to why you were at the scene. For example, you might enter the building to pick up something like a phone you mistakenly left, see a friend, or for whatever legal cause. The idea here is to prove that you did not have ill motives and that your plan did not entail involvement in any offense.

You can only support the lack of intent defense using evidence for the court to consider. For example, if you were at the scene to meet someone or accomplish a rightful errand, the confirmation, including the text messages, emails, and witnesses’ statements, will support your arguments.

If some conditions developed after your entry, elaborating on these can strengthen the lack of intent defense. For example, if you have entered a property in an emergency or have been compelled to enter the property by force, the elements of the crime will exclude prejudice of the propensity of perpetrating a criminal act.

Furthermore, proving that you left the scene of the crime without stealing anything or hurting anyone can also help negate the intent to commit a felony.

Your defense attorney must challenge the prosecution’s account to establish that you did not intend to commit a crime. The defense attorney can do the following:

• Cross-examine opposing witnesses
• Challenge the prosecution’s presentation of evidence
• Question the credibility of witnesses
• Point out discrepancies that would create doubts

If the prosecution is based on the so-called ‘circumstances’ or assumptions about your conduct, your lawyer should emphasize that these do not constitute intent beyond the reasonable doubt rule.

Also, expert testimony can be pretty valuable in the defense of lack of intent. A Psychologist can explain to the court that your conditions during the period that the crime was purported to have been committed, there was no intention. It adds credence when there are other contributing circumstances, say depression or pressure from a job, which led to the instance without necessarily being a criminal act.

Frequently Asked Questions about California Burglary Crime

Below are common questions regarding burglary charges and their answers. The answers give a better understanding of burglar crime.

What Does It Mean To “Enter” A Structure?

You commit burglary when any part of your body or an item within your control passes the threshold of a building or structure to steal or commit a felony. Therefore, as long as one inserts even one of their appendages through a window or uses a tool to fiddle with the lock, it is sufficient to be deemed an entry.

The focus is placed on the element of entry with the aim of the commission of a crime, no matter how minor the breach has been. For example, if you force a crowbar through the door and your tool enters the property, it counts as an entry under the law.

Is Burglary The Same Thing As “Breaking And Entering”?

Although both are considered theft offenses, burglary and “breaking and entering” differ. California burglary does not even necessitate a “breaking.” The popular imagery people have of a burglar ‘breaking into a dwelling place’ is not necessarily true under California Penal Code 459.

However, ‘breaking and entering’ involves explicitly breaking into a property. Thus, it is possible to be arrested for burglary even if you enter through an open door or broken window. This means that intent on offense is all that matters.

The relevant element is the intent you had, not the manner in which you entered the house.

What Is The Difference Between Burglary And Shoplifting?

Burglary and shoplifting are different crimes in California. However, their main difference is the motive and circumstances of the incidents.

Burglary, as stated in PC 459, means entering a dwelling with the intent to commit larceny or any felony. This intent should be present when the person enters the premises.

Shoplifting, on the other hand, is punished under penal code 459. 5. It occurs when you enter a store or shop during business hours with the intention of stealing goods not exceeding the value of $950.

Although both are related to theft, burglary attracts stiffer penalties because of the variety of criminal purposes and situations that it encompasses.

What Counts As A “Residence”?

Defining what constitutes a ‘residence’ differentiates first-degree burglary from second-degree burglary. The term residence refers to a structure in which a person stays for some time, regardless of how brief it may be. This includes all types of dwellings, ranging from houses and apartments to other structures that are annexed to living, such as the garage or a guest house.

Per California PC 460, the structure must be used as a living space. The law even retains any construction where a person intends to return, even if they temporarily leave for any reason.

For example, someone may have a house in the country and a house in town and temporarily move to the country house, leaving their property in the city. Or they may have started constructing a house and temporarily leave for any reason, such as for a few months.

The difference between a dwelling occupied and one that does not affect the charges given to burglary and the relevant penalties included.

What Is The Difference Between First And Second-Degree Burglary?

The primary difference between first and second-degree burglary is governed by the type of structure and perceived threat to the occupants.

First-degree burglary, also known as residential burglary, is the breaking and entering of a dwelling with the intent to commit a theft or any felony. Second-degree burglary, also known as commercial burglary, deals with breaking into structures that do not include a dwelling, such as stores or offices.

This explains why the penalties for first-degree burglary are typically higher than those for second-degree burglary since the former presents a higher threat to members of the affected households.

Seek a Reputable Criminal Defense Attorney Near

A burglary conviction may cause adverse social outcomes in a person’s personal and occupational life. If you, or someone you know, has been charged with burglary in San Diego, contact the Law Offices of Anna R. Yum for personalized criminal defense services. We have the knowledge and skills needed to defend your case and aim to either have the charges dropped or reduced. Contact us now at 619-493-3461 to learn how we can assist you.