Burglary, as defined by the California Penal Code combines the successful entrance or attempt at entering a property without permission of the property owner with the intent to steal something from the property.
Ventura law enforcement can charge a person with burglary as a felony or misdemeanor depending on the exact circumstances of the alleged crime. Some of the factors that determine how law enforcement charges the accused with a burglary count include:
- Whether anything was stolen successfully or not
- What type of structure was burglarized
- Whether the accused used a weapon or not
Keep in mind that according to California and U.S. law, you are innocent until proven guilty in a court of law, but if convicted, you could face stiff penalties.
Burglary Penalties if Convicted
If convicted of burglary, the accused faces penalties that can range in harshness, but typically, penalties are based on whether the accused has a prior record or not and whether the conviction is for a felony or a misdemeanor in addition to the exact circumstances of the crime committed. Essentially, there are two types of burglary:
- First degree burglary is committed while a person or persons were present, which endangered their lives.
- Second-degree burglary, which is any other type such as shoplifting, stealing office equipment, or money from a register, for example.
To convict of burglary, the prosecutor must prove the accused entered a building with the intent to steal, or with the intent to commit another crime, especially a felony. A court that convicts of first-degree felony burglary could sentence the convicted for up to six years in prison.
First-degree felony convictions add a strike to your record. Strikes are serious because of California’s Three Strikes Law, which automatically sentences repeat offenders to a life sentence after three strikes.
The Three Strikes Law in action would include, for example, two first degree felony burglary convictions, where the person gets caught shoplifting again. because of the previous record, this third shoplifting charge would probably result in a felony charge, which, if convicted, would result in a life sentence – possibly two – because it is the third strike.
First-degree burglary convictions often result in the convicted person serving at least 85 percent of their sentence, though misdemeanor convictions can result in a year in prison and fines. Second degree burglary can result in a felony conviction as well.
Just because Ventura law enforcement arrested you for burglary, though, does not mean you are guilty. Ensuring that you are protected until otherwise proven guilty means hiring a Ventura criminal defense attorney with experience fighting burglary charges to guide you through the proceedings, challenge the charges against you, and protect your rights and freedoms to avoid a conviction.
Not just any Ventura burglary attorney will do.
This is why I’ve put up my entire business and as your defense council to guarantee that I give only the very best defense strategy in light of the case facts at hand.
Extensively experienced in tirelessly fighting felony and misdemeanor charges in federal and state courts, I am an aggressive attorney with the knowledge required to navigate the legal system on your behalf. By allowing me to review your case in confidence will ensure that I will be able to find the answer to a myriad of questions that the District Attorney and the prosecutor by no doubt have not asked.
I focus on implementing a successful strategy to counter the investigation, evidence collection, and arrest that resulted in the charges against you, and I have the drive to continue fighting until all possible avenues have been explored because with a felony burglary charge, your future – and your life – is at stake.
If you’ve been charged with burglary in Ventura, contact my office for a confidential review today so we can fight for your life tomorrow.