Los Angeles Burglary Defense Lawyers
A burglary charge in California is a serious matter that can expose you to substantial fines, lengthy incarceration, and a permanent criminal record. Many people mistakenly believe that burglary requires breaking into a home or stealing property, but California law defines the offense much more broadly. A person can be charged with burglary even if nothing is ultimately taken and no forced entry occurs.
If you have been arrested for burglary in Los Angeles, understanding the law, the potential penalties, and your defense options is essential. At Kosnett Law Firm, our Los Angeles criminal defense lawyers represent clients facing all types of theft-related offenses and work aggressively to seek dismissals, reduced charges, favorable plea agreements, and acquittals at trial.
How California Defines Burglary
California burglary laws are found in Penal Code Section 459. Under this statute, burglary occurs when a person enters a house, room, apartment, shop, building, structure, or certain types of vehicles with the intent to commit grand larceny (theft), petty larceny, or any felony once inside.
Unlike the laws in many other states, California does not require prosecutors to prove that the defendant broke a lock, forced open a door, or entered unlawfully. Simply walking into a business during normal operating hours can result in burglary charges if prosecutors believe the person entered with the intent to commit theft or another felony.
Intent is the critical issue in most burglary cases. The prosecution must establish that the alleged criminal intent existed at the moment of entry. If that intent arose afterward, the defendant may not be guilty of burglary, even if another offense occurred.
First-Degree vs. Second-Degree Burglary
California recognizes two categories of burglary offenses. First-degree burglary involves entering an inhabited dwelling, such as a house, apartment, condominium, or other residence. This offense is commonly referred to as residential burglary and is always charged as a felony. Second-degree burglary covers all other burglaries, including allegations involving businesses, commercial buildings, warehouses, and certain vehicles. Second-degree burglary is considered a wobbler offense, meaning it can be prosecuted as either a misdemeanor or a felony depending on the facts of the case and the defendant’s criminal history. The distinction between residential and commercial burglary can have a significant impact on sentencing exposure and defense strategy.
What the Prosecution Must Prove
To secure a burglary conviction, prosecutors must prove every element of the offense beyond a reasonable doubt. Specifically, they must establish that:
- The defendant entered a building, room, structure, or qualifying vehicle; and
- At the time of entry, the defendant intended to commit theft or another felony.
The prosecution does not have to prove that any property was actually stolen or that the intended felony was completed. The alleged intent at the moment of entry is sufficient if it can be proven beyond a reasonable doubt. Because intent exists only in a person’s mind, prosecutors often rely on circumstantial evidence. Surveillance footage, witness testimony, statements made to police, possession of burglary tools, or the circumstances surrounding the incident may all be used to argue that criminal intent existed before entry occurred.
Penalties for Burglary in California
The penalties for burglary depend on whether the offense is charged as first-degree or second-degree burglary. First-degree residential burglary is a felony punishable by two, four, or six years in state prison. It is also considered a strike offense under California’s Three Strikes Law, which can dramatically increase penalties for future felony convictions. Second-degree burglary may be charged as either a misdemeanor or a felony. Misdemeanor burglary can result in up to one year in county jail, while felony burglary may carry a sentence of sixteen months, two years, or three years in county jail under California’s realignment laws. Courts may also impose substantial fines, restitution orders, probation conditions, community service requirements, and protective orders in appropriate cases.
Beyond the direct criminal penalties, a burglary conviction can create significant collateral consequences. Employers frequently conduct background checks, and convictions involving dishonesty or theft can limit career opportunities. Professional licenses, educational opportunities, housing applications, and immigration status may also be affected.
Related Offenses and Enhancements
Burglary charges are often accompanied by other allegations. Prosecutors may file additional counts for grand theft, possession of stolen property, conspiracy, vandalism, or possession of burglary tools under Penal Code Section 466. If a firearm is involved or someone is present inside a residence during the alleged burglary, sentencing enhancements may apply. Multiple victims or multiple incidents can also increase potential punishment. Because burglary cases frequently involve several overlapping charges, an effective defense requires a comprehensive strategy that addresses every aspect of the prosecution’s case.
Common Defenses to Burglary Charges in Los Angeles
Being charged with burglary does not mean a conviction is inevitable. Several legal defenses may apply depending on the facts of the case. One of the most common defenses involves challenging the prosecution’s evidence regarding intent. If there is insufficient proof that the defendant intended to commit theft or another felony at the time of entry, the burglary charge may fail.
Mistaken identity is another important defense, especially when cases rely heavily on surveillance footage or eyewitness testimony. Witnesses can make mistakes, and video evidence is not always clear or conclusive.
Some cases involve allegations based on false accusations or misunderstandings. Business disputes, domestic conflicts, or property disagreements may lead to criminal allegations that do not accurately reflect what occurred.
Constitutional defenses can also be critical. If law enforcement conducted an illegal search, obtained evidence without a warrant, or violated the defendant’s rights during questioning, a defense attorney may seek to suppress that evidence. In some cases, the suppression of key evidence can result in a dismissal of the charges.
Alternatives to Jail and Favorable Plea Agreements
Not every burglary case results in incarceration. Depending on the circumstances, prosecutors may agree to reduce burglary charges to lesser offenses such as trespassing or petty theft. Some defendants may qualify for probation, community service, restitution programs, or other alternatives to jail. The availability of these options often depends on factors such as the defendant’s criminal history, the strength of the evidence, and whether the alleged offense involved violence or significant financial losses. An experienced defense attorney can negotiate with prosecutors to pursue resolutions that minimize the long-term consequences of a criminal case while protecting the client’s future opportunities.
How a Los Angeles Burglary Defense Lawyer Can Help
Burglary cases frequently turn on complicated legal issues involving intent, evidence, witness credibility, and constitutional protections. Having skilled legal representation can make a substantial difference in the outcome of your case. At Kosnett Law Firm, we carefully investigate every allegation, review police reports and surveillance evidence, interview witnesses, and identify weaknesses in the prosecution’s case. We aggressively challenge unlawful searches, unreliable evidence, and unsupported assumptions regarding criminal intent. Our goal is always to obtain the best possible result for our clients. Depending on the circumstances, that may mean negotiating reduced charges, securing a diversionary resolution, obtaining a dismissal, or fighting for a not guilty verdict at trial.
FAQs About Burglary Charges in California
What is the difference between burglary and robbery?
Burglary involves entering a structure with the intent to commit theft or another felony, while robbery requires taking property directly from another person through force or fear.
Can I be charged with burglary if I did not steal anything?
Yes. California law does not require that property actually be taken. Prosecutors only need to prove that you entered with the intent to commit theft or another felony.
Is burglary always a felony in California?
No. Second-degree commercial burglary can be charged as either a misdemeanor or a felony. First-degree residential burglary is always a felony offense.
Can burglary charges be reduced or dismissed?
Yes. Depending on the evidence and circumstances, burglary charges may be reduced to lesser offenses, resolved through plea negotiations, or dismissed entirely if law enforcement committed errors or the prosecution cannot prove its case.
Do I need a lawyer for a burglary charge?
Absolutely. Burglary convictions can carry severe penalties and long-term consequences. An experienced defense attorney can protect your rights, challenge the evidence, and pursue the most favorable resolution possible.
Contact Kosnett Law Firm Today
If you are facing burglary charges in Los Angeles, time is critical. The earlier you involve an experienced criminal defense attorney, the more opportunities there may be to challenge the evidence, negotiate with prosecutors, and protect your future. At Kosnett Law Firm, we provide aggressive and strategic representation for individuals accused of burglary and other theft-related offenses throughout Southern California. We understand the stakes, and we are committed to fighting for the best possible outcome in every case. Contact Kosnett Law Firm today for a free consultation and learn how we can help defend your rights, your freedom, and your future.
