Posts Tagged ‘ Burglary ’


Posted on: September 30, 2015 by in Criminal Defense
No Comments

California Penal Code 459

Orange County criminal defense lawyerIf you commit a burglary in California and you’re found guilty, a number of penalties may be imposed by the court if you are convicted. In the state of California, burglary may be prosecuted as a felony or as a misdemeanor depending on the circumstances of the incident, what was stolen, if weapons were used, if injuries occurred, and if the suspect has prior convictions. If you are charged with burglary in Orange County or anywhere else in southern California, promptly contact an experienced Orange County criminal defense lawyer who can fight aggressively for justice on your behalf.

The crime rate has been declining in California. Roughly 1.2 million arrests were made by California police officers in 2014. That sounds like a lot, but it’s the lowest arrest figure since 1969 in this state. To help keep the crime rate low in Orange County, these are some recommendations for protecting yourself and your home from burglars:

  • If plan to be away for a night or longer, ask a neighbor to keep an eye on your home.
  • Lock everything whenever you leave home, even if it’s only for a quick errand.
  • When you leave your home, leave some lights on.
  • Don’t tell everyone on Facebook if you’re going to be away from home.
  • Keep valuable items out of sight.
  • If you have a security system, use it.

To deter auto burglaries:

  • Park exclusively in well-lit locations.
  • Lock your vehicle and take your keys.
  • Take valuable items with you or lock them in the trunk, out of sight.

If you are charged with committing a burglary in Orange County, you could be innocent for a number of reasons. You may have genuinely believed that what you took was yours. You might be misidentified or the victim of a false accusation. If you are charged with burglary in Orange County under California Penal Code 459, put your case immediately in the hands of an experienced Orange County criminal defense lawyer.



Posted on: April 27, 2015 by in Criminal Defense
No Comments

California Penal Codes 211 and 459

Orange County criminal defense lawyerAlthough people typically use the terms “burglary” and “robbery” interchangeably, in California law, these are two different and distinct terms and crimes. If you are charged with either in southern California, contact an experienced Orange County criminal defense lawyer as quickly as possible. Jail is a potential penalty for either crime.

In California, what is the difference between burglary and robbery? Under California Penal Code 459, burglary is “entering a structure with the intent to commit a theft once inside.” Actually committing a robbery or a theft isn’t required for a burglary prosecution, and neither is a forced entry. If the prosecution can demonstrate that a defendant “entered” a “structure” with the “intent” to commit a theft or a robbery, that defendant can be convicted of burglary.

When you take something from someone else through the use of violence, force, threats, and/or fear, that’s the definition of robbery in California. In this state, first and second-degree robbery are considered felonies under California Penal Code 211. A conviction for first-degree robbery can land you in a California prison for up to nine years, and a second-degree robbery conviction can put you there for up to five years. A conviction for first-degree residential burglary can put you in a state prison for up to six years, and you may also face a fine of up to $10,000.

Of course, to convict you of either robbery or burglary, a prosecutor must prove that you are guilty beyond a reasonable doubt. That’s not always easy. People are sometimes accused of these crimes because of mix-ups, misinterpretations, and misidentifications. Sometimes someone with a grudge will completely fabricate a robbery or burglary story. Still, if you’re accused, you’ll require the help of an attorney who regularly defends burglary and robbery suspects – someone who can fight tenaciously for justice. If you are arrested and accused of burglary or robbery in southern California, arrange to speak with an experienced Orange County criminal defense lawyer immediately.