![]() As used in this chapter, “inhabited” means currently being used for dwelling purposes, whether occupied or not. If you have been charged with burglary, contact a San Diego burglary defense lawyer at jD Law Criminal Defense Attorneys today at (760) 630-2000 for a free consultation about your unique situation.Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. A former LAPD detective, he knows how to best prepare a case to be heard before a judge or jury. Dicks is a board-certified criminal defense specialist who knows the system. But you need the right attorney to build that defense.Īt jD Law Criminal Defense Attorneys, we have the skills, experience, and toughness to get you out of a tight spot. ![]() The right defense can keep you out of jail, eliminate the high fines associated with San Diego or Vista burglary charges, and prevent any "strikes" on your criminal record. When the prosecution uses evidence such as fingerprints lifted at the scene, a possible defense could be that those fingerprints were there from the time you entered the premises legally.īack to Top The San Diego Right Attorney Will Bring the Right Defense However, when a person has not stolen anything or committed any other crime, it can be very difficult for the prosecution to prove that he or she had the intent to commit a crime – a strong defense in your favor.Īnother possible defense to burglary is if you legally entered the property on a prior occasion. You simply have to enter a structure with the "intent" to steal another person’s property or commit a crime. You do not need to take or remove any property to be convicted of burglary in California. However, a second-degree burglary conviction will not result in a strike on the accused’s criminal record under the Three Strikes law.īack to Top What Defenses Are There for Burglary? The nature of the crime, a person’s criminal history, and how the prosecution views the crime will determine how second-degree burglary is charged. Second-degree burglaries are considered wobblers, which means the prosecution has the discretion to charge them as misdemeanors or felonies. But if he stole his neighbor’s bank card and PIN number and withdrew money from his neighbor’s bank account, he would probably be charged with second-degree burglary.įirst-degree burglary is charged as a felony, which results in penalties such as time in a state prison, high fines, and a strike on the person’s criminal record under California’s Three Strikes law. All other burglaries are considered burglary in the second degree.įor example, if someone broke into his neighbor’s home to steal electronics, he would be charged with first-degree burglary. Under California’s Penal Code Section 459, a burglary is committed in the first degree if a person enters a residence, vessel, floating home, trailer coach, or inhabited portion of any building belonging to another. "īack to Top What Are Differences Between First- and Second-Degree Burglary? Dicks was very kind and compassionate from the get go and. ".charged with first degree burglary and obstruction.Mr. Dicks was very kind and compassionate from the get go. However, a burglary charge may be upgraded to a robbery charge if the person who stole or tried to steal property used force in an attempt to escape when pursued. Robbery involves using force or threats of force in order to steal another person’s property.īoth of these crimes are serious, but robbery has more severe penalties in California. Burglary is the act of entering a building or structure (such as someone’s outdoor shed) with the intent to steal another person’s property or commit a felony. Many people use the terms burglary and robbery interchangeably, but they are two very different crimes.
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