If you have been arrested or charged with burglary in Orange County for entering a building with the intent to commit a felony or theft, you should contact us for a free consultation to discuss the facts of your case. Burglary can be a serious charge or a more minor one, and is very fact specific. We understand that everyone is human and makes mistakes. We do not judge you simply because you are charged. The most famous celebrities such as Winona Ryder have stolen. It is a symptom of a deeper problem. Our Orange County Burglary Lawyers understand it is important to be sensitive to the needs of each individual and that is the philosophy of The Atias Law Firm. In California, burglary is divided into two degrees. First degree burglary is burglary of a residence. Burglary of any other building or a vehicle is a second degree burglary. Burglary is usually committed when someone enters a building with the intent to commit a felony of theft once inside. The related crime of shoplifting occurs when a person enters an open business to commit a theft of property valued at $950 or less, although that can also be charged as a burglary.

Burglary Orange County Penal Code 459-460

First, let our attorneys give you the relevant law. The relevant portion of the law that is applicable to Burglary in Orange County is summarized below. However, the full text of the Burglary laws in Orange County can be found in California Penal Code Sections 459 and 460. To prove that the defendant is guilty of Burglary, the Prosecutor must prove that:

• The defendant entered a building, and
• When he entered the building he intended to commit theft or felony.

A burglary was committed if the defendant entered with the intent to commit theft or a felony. The defendant does not need to have actually committed theft or a felony as long as he entered with the intent to do so. Additionally, a Burglary charge in Orange County may result from what should really be charged as shoplifting. The Burglary laws in Orange County can be confusing to a defendant charged with that particular crime. The lawyers at The Atias Law Firm know the ins and outs of these particular criminal burglary charges and we may be able to help you get your case dismissed depending on the facts, or lowered to a lesser offense, such as shoplifting.

Reducing a Burglary Charge To A Lower Level Crime

Circumstances may allow the Prosecutor to charge you with Second Degree Burglary, rather than First Degree Burglary. These circumstances include that the building entered was not a residence. Let our Orange County burglary lawyers show the District Attorneys that your Felony Burglary charge should be reduced to a misdemeanor shoplifting charge. Call today for a free and confidential initial consultation. We can go over the facts of your case to help you understand the possible outcomes and strategies for successfully getting your case reduced or dismissed. Burglary lawyers Orange County aggressively challenges any burglary charge. If we can get a court to agree that the building was not a residence, then we will be able to keep you out of prison. Also, If we can convince the court that the building was a business then we may be able to get you a deal that does not include jail.

Will I Go To Jail?

Possibilities & Penalties For Burglary Charges in Orange County

First Degree Burglary is a felony, meaning that it can result in state prison time of two, four, or six years. Second Degree Burglary is a wobbler, meaning that it can be charged as a misdemeanor or felony. Misdemeanor Second Degree Burglary is punishable by up to one year in county jail. Felony Second Degree Burglary may result in a sentence ranging from up to one year in jail, to three years in jail. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Burglary Defenses in Orange County

Our Burglary lawyers in Orange County know the defenses that may help get your Burglary charge dismissed. There are a number of defenses to Burglary in Orange County, however the applicability of those defenses depends on the facts of your case. For instance, you may not have had intent to commit a crime. That is a defense in your case that may get your Burglary charge dismissed. (The crime of burglary requires the specific intent to commit a felony or theft once inside the building.) One common defense is that you had a mistaken claim of right to the property. If you believed that you had a right to possess the property then that is a defense to your Burglary charge in Orange County. Another common defense is that the police did something wrong while investigating your case. For instance, if the Officer who stopped you did not have reasonable suspicion to stop and detain you then Burglary lawyers Orange County may be able to get your case dismissed. Also, if you were detained by Officers who used an unreasonable amount of force then that may be a defense in your case. Another defense may be that you do in fact own an interest in the property. Husbands and wives may have property disputes, however if the property taken is community property then there may be a defense in your case. Also, if you have been charged with multiple counts of Burglary, we may be able to get all of your charges consolidated into one charge, with one penalty.

How Can Burglary Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. Burglary lawyers Orange County may be able to help you get your Burglary charge reduced to a lesser charge, perhaps even an infraction. Burglary lawyers Orange County may be able to get your Burglary charge, and the Burglary penalties reduced to those penalties associated with: Theft, Shoplifting, Trespassing, or Possession of Burglary Tools.

What Happens If I Have a Prior Conviction?

If you have prior convictions for burglary, then you may face increased penalties in your current Burglary case. Our Burglary lawyers in Orange County aggressively challenge any prior convictions. For instance, if your prior burglary conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Burglary penalties. Call Burglary lawyers Orange County today to see how your prior convictions may impact your current Burglary charge.

What Should I do about a Burglary charge in Orange County?

Contact the Atias Law Firm today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.