Burglary is one of the most commonly misunderstood criminal offenses. According to California Penal Code 459, burglary is a crime in which someone enters a residential or commercial building with the intent to commit a theft or a felony crime. Contrary to popular belief, a person can be charged with burglary simply for entering a building and having criminal intent. A theft or felony crime does not need to actually happen in order for someone to be charged with burglary.
At Fuller Law Firm, we believe that you are not a bad person just because you have made mistakes. Many people accused of burglary or theft have challenges in their lives, such as mental health problems or addiction issues. In cases like these, criminal defendants are better served by treatment than being locked up in a jail cell. With more than ten years of criminal law experience, our team will do everything possible to help you obtain the best possible outcome for your case.
There are two types of burglary offenses in California: first-degree burglary and second-degree burglary. First-degree burglary occurs when someone breaks into and enters a residence with the intent of committing a theft or felony crime. Second-degree burglary occurs when someone illegally enters a building other than a residence, such as a retail store or another business. Burglary is a separate offense from shoplifting, however. Shoplifting occurs when a business or store is open, while burglary usually involves breaking and entering.
First-degree burglary in California is always a felony offense. Those convicted of first-degree burglary face a state prison sentence of up to six years. Second-degree burglary is a "wobbler" offense which can be considered a misdemeanor or felony, depending on the circumstances of the case. If you are convicted of felony second-degree burglary, you could be imprisoned for up to three years. A misdemeanor second-degree burglary offense is punishable by up to one year in county jail.
The highly skilled legal team at the Fuller Law Firm pride ourselves on our unique approach to criminal defense. We believe that most defendants deserve a second chance and are able to turn their lives around. With that in mind, we work with our clients to learn who they are as a person, their needs, the specific challenges in their lives, and the family obligations they have. This allows us to customize a defense with the greatest chances of success. When addiction issues are a factor in burglary charges, we work to find the defendant substance abuse treatment in lieu of imprisonment or other harsh penalties.
When you choose the Fuller Law Firm to represent you in your criminal defense proceedings, you can depend on us to do our best to minimize the consequences to your life. We have over ten years of experience successfully handling criminal defense cases, including theft cases, burglary cases, and cases involving other property crimes.
If you have been arrested and charged with burglary, you do not have to face these charges alone. Speak with experienced criminal defense attorney Cory Fuller to learn about your options moving forward and how to best defend against burglary charges. Contact our office to schedule a completely free consultation today. Call 408-234-7563 for an appointment. The Fuller Law Firm serves clients accused of burglary in San Jose, Palo Alto, Gilroy, Fremont, Alameda County, Santa Clara County, and the surrounding areas.