Los Angeles Burglary Defense Attorney

Burglary is the unlawful entry into a structure or dwelling with the intent to commit a theft or a felony once inside.  Burglary is most frequently associated with California theft crimes, but it is important to note that the intent to carry out any felony crime, not just a theft can lead to a conviction for burglary.  The government must also show simultaneous intent to commit the theft or felony at the time of entry, and that such intent did not develop later.  The public sometimes confuses burglary and robbery.  Robbery is a taking by force, where as burglary involves unlawful entry.

FIRST VERSUS SECOND DEGREE BURGLARY

First Degree ("Residential") burglary applies to burglary of a home, including trailers, RVs and boats used as a residence.  First Degree Burglary is always a felony, always a "strike" and is punishable by up to six years in prison.  Additionally, pursuant to PC 462.5, First Degree Burglary is presumed ineligible for probation.  All other burglaries are burglaries of the Second Degree.  These include commercial burglary and auto burglary.  2nd Degree Burglary, is a "wobbler" and can be charged as a misdemeanor or felony.  As a felony, Second Degree Burglary is punishable by up to three years.  Since the passage of CA Prop 47, commercial burglary, as a felony can only be applied to thefts of over $950, and thefts committed outside the normal business hours.
Other California Theft Crimes

UNLAWFUL ENTRY

The unlawful entry in burglary cases need not involve any breaking in.  Often referred to as "breaking and entering" the entry need not be forced.  Many Californians have been convicted of burglary for walking through the doors of an open business establishment, with the intent to commit a crime once inside.  The entry appears legal on the surface, but it is the intent at the time of entry that makes a theft or other crime inside a burglary.  Entry without permission would be a mere trespass (PC 602) if done without the intent to commit any crime inside.


INTENT AT THE TIME OF ENTRY

In order to prove burglary, the prosecution need not only prove that the defendant entered a structure and then committed a theft or felony while in the property, but also, the government must prove that the defendant had the intent to commit a felony or a theft once inside.  People who commit thefts and crimes inside a structure typically do enter with an intent to commit a theft, but it can be difficult to prove.  Without evidence of premeditation, the defendant could have entered, then formed the intent.  Some evidence frequently used to establish intent at the time of entry include:  admissions, statements of co-conspirators, possession of tools/instruments of the intended crime (e.g. burglary tools), lack of money to buy (in commercial burglary situations), and more.


SOME BURGLARY DEFENSES

Lack of Intent:  The government must prove intent at the time of entry beyond a reasonable doubt.  Proving this state of mind can be difficult, especially if there is not much evidence of intent.  Using the evidence to explain a different, legitimate reason for being in a location, or establishing that the intent was formed after entry (and upon seeing an opportunity).  For example, if Fred and Jed don't like each other, and Fred goes to Jed's place of employment and beats him up, whether Fred had the intent to beat up Jed when he entered the building is unknown.  Fred might not have even known that Jed worked where he does, and decided to attack Jed after he entered the building.

Mistaken Identity:  Faulty eyewitness testimony is the single leading cause of innocent people being convicted of crimes.  Though eyewitnesses may feel confident in their ability to identify the perpetrator of a crime, studies show that such witnesses are very likely to make mistakes.  This is especially likely when an eyewitness identification is cross-racial, or if the perpetrator was wearing glasses, a hat, a mask, etc.  Additionally, lineups and other identifications might be suggestive if not conducted properly.

Consent:  If you saw two men who do not look like your neighbor moving a bunch of valuables from your neighbor's home, it might appear that a burglary was in progress.  But what if the two men were movers hired by your neighbor to transport the items to another location?  Consent to enter and consent to take property are both defenses.

False Accusation:  There are many reasons that a person might falsely accuse another person.  These include: anger, jealousy, custody battles, monetary gain (insurance benefits, for example), and more.  Casting doubt on an accuser or witness' ability to perceive or recall, or truthfulness can be the best defense in a burglary case based on eyewitness testimony.

Common Defenses to Crimes


BURGLARY SPECIAL ISSUES

Fingerprints:  Burglary cases, particularly residential burglary cases, frequently involve the use of fingerprint analysis.  Fingerprints lifted from the scene of a burglary, especially at the point of entry, go a long way towards establishing the defendant's guilt.  A positive fingerprint match does not, however, prove the defendant guilty of burglary.  The defendant may have lawfully been in the building and merely present.  This could possibly constitute a trespass, but not a burglary.  Additionally, fingerprint analysis, particularly of a single or partial print, may not be as infallible as people think from watching CSI.  Many forensic analysts have very little experience and training in fingerprinting and can make mistakes.  It may be necessary to get a defense expert to review the analysis independently.

Proposition 47:  Prior to the passage of Prop 47, prosecutors in California would charge shoplifters with commercial burglary, in order to be able to more harshly punish people who stole small amounts of merchandise.  In November 2014, California Voters passed a law making theft of under $950 a misdemeanor under most circumstances.  Prosecutors can no longer charge someone with a felony for walking into a grocery store and leaving with food they never intended to pay for.  Those who have already suffered felony convictions for minor theft crimes are eligible to have those records changed to reflect the new change in the law.  If you or a loved one has a prior conviction for a Second Degree burglary, where the value of the stolen item was less than $950, call for a Free Consultation to see if you might be able to remove a felony from your record. 
More About Prop 47

Three Strikes Law:  Residential burglary is a strike offense, meaning that future convictions will be subject to significantly enhanced penalties.  A person who has a prior strike will be subject to twice the punishment.  Those with two strike priors may face a 25-life sentence with a new burglary conviction.  Burglary is a serious crime and carries very serious consequences.

If you or a loved one is currently facing charges for burglary, the consequences could be very severe.  Burglary is a harshly prosecuted crime, and it is important to have dedicated, passionate representation on your side.  Contact us now for a Free Consultation with a Los Angeles Criminal Lawyer.  213-375-3775.