Burglary in California Defined

Burglary (also referred to as breaking and entering) involves illegally gaining entry into a building with the intent to commit a theft or commit a felony. Burglary can be prosecuted as a misdemeanor or a felony as it involves trespassing and theft. Burglary is not restricted to residential buildings. Burglary can include homes, barns, sheds, vehicles, boats, aircrafts, coops, and railway cars. Burglary is often connected with another crime such as rape, assault and battery, arson, kidnapping, and identity theft, a violation of civil rights or even murder. A person doesn’t have to have actually carried out the crime in order to be convicted of burglary, all the prosecution has to do is prove that you had the “intent” to break into a building and commit theft or another crime. If you have been arrested for burglary, it is crucial that you contact an experienced Ventura criminal defense attorney without delay.

Residential Burglary versus Commercial Burglary

In the state of California, burglary is put into two categories: residential burglaries and commercial burglaries. Residential burglaries occur in private residences, and they are categorized as first degree burglaries, which are always felonies.

All other types of burglaries are considered commercial burglaries, which are categorized as second degree burglaries and can be charged as either a misdemeanor or a felony, which is entirely up to the prosecution’s discretion.

If you are charged with first degree burglary (a felony in California) then you are facing up to six years in prison. First degree burglary would also count as a “strike” on your criminal record under California’s three strikes law. If you are charged with second degree burglary, it will be charged as a misdemeanor where you will face up to one year in either county jail or state prison, and it will not count as a “strike” on your criminal record.

Ventura Burglary Defense Attorney

Obviously, it would be much more appealing to be convicted of a misdemeanor as opposed to a felony in the state of California. At the Law Offices of Adam L. Pearlman, a Ventura burglary defense lawyer from our firm can help. We have extensive experience in handling burglary cases in the Ventura area. We may be able to help get the charges against you reduced or dropped entirely.

Contact a Ventura burglary defense attorney from our firm for a free initial consultation.