Escondido Burglary Attorney
Defending Against Burglary Charges in California
When you face burglary charges in California, you need an experienced and knowledgeable attorney who will fight tirelessly to defend your rights and help you navigate the legal system. At Sterger Law Group, we have a dedicated team ready to provide aggressive representation and sound legal advice. Our Escondido burglary attorney is ready to help you achieve a favorable outcome.
Call Sterger Law Group today at (760) 280-7900 or contact us online to schedule a consultation with our burglary lawyer in Escondido.
What is Burglary?
Burglary is considered a serious criminal offense in California, and it is defined under Penal Code Section 459. In simple terms, burglary involves entering a building, structure, or vehicle to commit theft or any felony once inside without the owner's permission. It's important to understand that burglary charges can be filed even if the intended theft or felony does not occur. The mere act of unlawfully entering the premises with criminal intent is enough to warrant burglary charges.
- First-Degree Burglary: This involves entering a residential dwelling, such as a house or an apartment, intending to commit theft or a felony. First-degree burglary is considered a more severe offense and is typically charged as a felony.
- Second-Degree Burglary: Second-degree burglary encompasses entering any other type of structure, such as a commercial building or storage facility, intending to commit theft or a felony. It is also charged as a felony.
What are the Penalties for Burglary in California?
Burglary convictions in California can result in severe consequences, including imprisonment, fines, and a permanent criminal record. The penalties for burglary depend on various factors, including the type of burglary and the circumstances surrounding the crime. Here's a general overview of the potential penalties:
- First-Degree Burglary: Penalties may include two, four, or six years in state prison. The penalties can be more severe if the burglary involved a residential dwelling and a person was present during the offense.
- Second-Degree Burglary: Penalties may range from 16 months to three years in state prison.
In addition to imprisonment, those convicted of burglary may face fines, restitution to the victims, probation or parole, and the lasting consequences of a criminal record, which can affect employment and housing opportunities.
Alternatives to Incarceration in Burglary Cases
While burglary is a serious charge, not every case results in jail or prison time—especially for first-time offenders or those involved in nonviolent, second-degree burglary. California courts often recognize the value of rehabilitation over punishment and may offer alternatives to incarceration, depending on the facts of the case and the defendant's history.
Some of the most commonly pursued alternatives include:
- Probation: Allows the defendant to serve their sentence under supervision in the community instead of behind bars.
- Pretrial diversion programs: Completing specific programs may result in the dismissal of charges or sealing the arrest record.
- Electronic monitoring (house arrest): A less restrictive option that still maintains accountability.
- Theft education or behavioral therapy programs: Helps address underlying issues like substance abuse, compulsion, or financial desperation.
- Community service: May be ordered instead of jail time, particularly when restitution is also paid to the victim.
These alternatives can prevent a conviction from appearing on your criminal record or reduce the long-term impact of a burglary charge. A strategic legal defense can be the key to qualifying for these options. Your attorney will present mitigating factors—such as your employment history, family responsibilities, or signs of rehabilitation—to advocate for a more favorable outcome.
Facing burglary charges in Escondido and unsure of your next steps? Contact an experienced Escondido burglary attorney at Sterger Law Group today to protect your rights and start building your defense.
Defenses Against Burglary Charges
Some common defenses against burglary charges may include the following:
- Lack of Intent: If it can be proven that you did not have the intent to commit theft or a felony when entering the premises, it may be a valid defense.
- Lack of Evidence: Your attorney may challenge the prosecution's evidence and argue that they cannot prove your guilt beyond a reasonable doubt.
- Consent: If you had permission to enter the premises, it could be a valid defense against burglary charges.
- Mistaken Identity: If you doubt your identity as the perpetrator, your attorney can challenge the accuracy of witness testimony or surveillance footage.
- Fourth Amendment Violation: Your attorney may investigate whether law enforcement violated your Fourth Amendment rights during the investigation, such as an unlawful search or seizure.
Understanding Burglary vs. Shoplifting: Key Differences Explained
Understanding the difference between burglary and shoplifting is crucial for anyone facing criminal charges. Burglary is defined as entering a structure intending to commit a crime, typically theft. This can include homes, businesses, and other buildings, regardless of whether force is used to gain entry. The key element of burglary is the unlawful entry and the intent to commit a crime inside, making it a more serious offense.
On the other hand, shoplifting is a specific form of theft that occurs in retail environments. It involves entering a store during business hours intending to steal merchandise. While shoplifting is technically a type of burglary, it is usually classified under a different legal framework, often resulting in lesser penalties. In California, for example, shoplifting involves stealing items worth $950 or less from a store, which is typically treated as a misdemeanor unless the individual has prior convictions or specific circumstances that elevate the charge.
The legal implications of burglary are generally more severe than those of shoplifting. A burglary conviction can lead to significant prison time and a permanent criminal record, while shoplifting may result in fines, community service, or probation. It is essential for individuals charged with either offense to consult with a knowledgeable attorney who can provide guidance based on the specific details of the case. A clear understanding of these differences can impact the legal strategy and outcomes for defendants facing these charges.
How Prior Convictions Can Impact a Burglary Case
A defendant’s prior criminal record is often a significant factor in how burglary charges are handled in California. Prosecutors and judges routinely consider an individual’s past when deciding whether to file felony or misdemeanor charges and when determining sentencing outcomes. This is especially critical under California’s “Three Strikes” law, which imposes severe penalties for repeat offenders.
If you have a prior conviction—particularly for crimes involving theft, burglary, robbery, or violence—it could result in:
- Harsher sentencing: A second strike may result in double the typical sentence, while a third strike can result in 25 years to life in prison.
- Reduced likelihood of plea deals: Prosecutors are less likely to offer leniency to individuals with criminal histories.
- Felony charges over misdemeanors: Prior convictions can make a second-degree burglary case a felony, increasing potential penalties.
- Increased bail or pretrial detention: Judges may consider you a higher flight risk or danger to the community.
Having a knowledgeable Escondido burglary attorney review your background and present a compelling case to the court for leniency, diversion, or a reduction in charges is crucial. Legal counsel can also pursue expungement or challenge the validity of certain prior convictions when appropriate.
Get Legal Help from Our Escondido Burglary Attorney Today
At Sterger Law Group, we protect your rights, provide aggressive legal representation, and strive for the most favorable resolution possible. We will listen to your side of the story, assess your case, and outline the best action to defend your rights. Your future is at stake, and we are here to help you every step of the way. Reach out to Sterger Law Group today, and let our Escondido burglary attorney fight for your freedom and future.
Contact Sterger Law Group today to get started with our Escondido burglary lawyer!
