Ventura Burglary Attorney
Fight Your Charges Today
Burglary is prosecuted as a felony or misdemeanor and involves trespassing
and theft, entering a building or automobile, or remaining unlawfully
with intent to commit theft or any crime, not necessarily a theft –
for example, vandalism. Even if nothing is stolen in a burglary, the act
is a statutory offense. Buildings can include sheds, barns, and coops;
burglary of boats, aircraft, and railway cars is possible. Burglary may
be an element in crimes involving rape, arson, kidnapping, identity theft,
or violation of civil rights.
Burglary under California Penal Code section 459 can be either a felony
or a misdemeanor when it occurs in a structure other than a dwelling,
depending on the circumstances of the case. A residential burglary (first
degree burglary) is always a felony and is a strike offense.
A burglary charge requires the prosecution to prove that the defendant
had the intent to commit a felony or petty theft when he or she entered
the building or home. Frequently, the intended crime is theft, but that
does not mean burglary can only charge where some kind of theft is intended
Although in some cases the burglary occurs after a forced entry, forced
entry is not required to secure a burglary conviction.
An experienced attorney can help defeat a burglary charge in several ways.
First, it can be difficult for the prosecution to show your intent, an
experienced attorney will be able to find flaws in the prosecution’s
logic and help you to tell your side of the story.
An attorney with the home-court advantage is also necessary in a burglary
charge. An attorney who knows the judges and district attorneys will help
avoid the most serious penalties for the offense.
Consult with our Ventura
theft crimes lawyer today.