Burglary Attorney in Ventura, CA
Have you been charged with burglary? Call (877) 378-6147
The offense of burglary falls under the category of theft crimes. It is a crime of breaking and entering into a building or residence with the intent of stealing something, or committing a felony once inside.
In order for a prosecutor to convict a person for burglary, the only thing he needs to prove is that the suspect entered the premises with that intent. It is not necessary for him to prove that the person really stole something or did commit the felony.
Prosecuting and Penalizing for Burglary
In this state, burglary can be first degree or second degree. The crime of first degree burglary, also called residential burglary is a felony with a sentence of up to six years in prison. It is also a ''strike'' under the Three Strikes Law. Second degree burglary is also called commercial burglary, as it usually happens at a business rather than in a home. It may be charged as a misdemeanor or a felony.
If it is charged as a misdemeanor, the punishment is up to one year in the county jail. It is not counted as a ''strike''. If it is prosecuted as a felony, the sentence will be up to one year in state prison. A person will be charged with this offense if they have the intention to steal something when they enter the establishment.
How to Defend Allegations in Santa Barbara
There are several possible defenses that may be used in your case, including: you were on the premises lawfully, you had the permission of the owner to enter the property, or you did not have the intention to take anything when you entered the building.
As a former prosecutor for nine years, I know the questions to ask to create holes in the prosecution's case, and how to aggressively negotiate with them to get your charges reduced or possibly even dismissed.