Burglary

In California, Burglary is defined as (1) the entering of some type of building (2) with the intent to commit theft or a felony, and is set forth in California Penal Code Section 459.  There are different degrees of Burglary, which help differentiate between the type of building entered, and the potential punishment.

First Degree Burglary is the entering of an inhabited dwelling house with the intent to commit theft or a felony.  The punishment for First Degree Burglary is serious.  It is considered a serious felony, subjecting those convicted to California’s Three Strikes sentencing scheme.  The law also presumes that unless there are unusual circumstances, anyone convicted should go to state prison for either 2, 4, or 6 years.

Second Degree Burglary is the entering of a commercial or other non-inhabited dwelling with the intent to commit theft or a felony.  The punishment for Second Degree Burglary can vary, but is also serious.  Punishment can include jail time, crippling fines, community service, probation, restitution, potential lifetime ban from owning or possessing firearms, and even potential prison time.  Prosecutors often charge the most simple shoplifting situation as a Felony Second Degree Burglary in an effort to intimidate defendants into pleading guilty.

Both First and Second Degree Burglary charges in Riverside, Los Angeles, or Orange Counties require the skills and experience of an aggressive and knowledgeable attorney who has the expertise to handle your matter effectively.  Attorney Graham D. Donath has handled hundreds of burglary cases successfully through zealous advocacy and skillful negotiation, and has the experience to handle all burglary related cases.

If you or a family member has been charged with a burglary related crime in Riverside, Los Angeles, or Orange County, contact the Law Offices of Graham Donath for superior representation that gets results.