Orange County Burglary Defense Attorneys
Burglary
CASES WE HANDLE
Attorney Jeremy N. Goldman has substantial experience representing individuals charged with property crimes:
Burglary, as defined by California Penal Code 459, is the entering of a building, vehicle, vessel or cargo container with the intention of either stealing something or committing a felony. The burden on the prosecution is limited in burglary cases. The state must only prove that you intended to steal something, whether you succeeded or not is not of consequence. In California there are two types of burglaries:
- First degree burglaries – these are typically committed in somebody's residence and are almost always felonies.
- Second degree burglaries – which encompass all other types of burglaries. These can be charged as misdemeanors or felonies.
First degree, home invasion burglaries are very serious offenses. Law enforcement agencies and prosecutors are extremely vigilant in their prosecution of these crimes and the sentences for those found guilty can range from probation to six years in prison. Due to the fact that these offenses are always charged as felonies, they're considered "strikes" under the California Three-Strikes law.
Burglary offenders must serve at least 85% of their prison or jail sentence, regardless of outside factors that might typically impact sentences like good behavior. Prosecutors almost always seek jail time for first degree felony burglary offenders, even if it is their first criminal offense. For those that are convicted of another felony at a later date, the jail sentences can become even harsher. This is why the experienced Orange County burglary attorneys at the Law Offices of Jeremy N. Goldman always seek to have burglary charges lessened.
Second-degree burglary is also called commercial burglary; it is generally charged when you are accused of breaking into a business. To convict you of commercial burglary, the state must prove only that you intended to steal something when you arrived at the business; it doesn't matter whether you broke in or merely walked in as a customer. It can be charged as a misdemeanor or a felony, depending on the value of what you are accused of stealing. Generally, if you're charged with stealing something worth less than $400, it will be charged as a misdemeanor, punishable by up to one year in county jail, but generally not that long. A felony commercial burglary conviction is punishable by probation or up to three years in prison. Again, the Law Offices of Jeremy N. Goldman will work towards getting a felony second-degree burglary charge reduced to a misdemeanor.
If you've been charged with burglary, the most important part of the prosecution's case is proving that you intended to steal something or commit a felony when you entered the premises. If the state can't prove this, you may be able to have the charges reduced or dropped, or you'll have a better chance of winning when your case goes to trial. If the state has a case, but not a good one, the Law Offices of Jeremy N. Goldman will negotiate on your behalf for a reduction in charges and little or no time behind bars. Even if the prosecution has a good case showing your intent, a defendant may still be able to get the charges reduced by showing remorse and making full restitution -- returning or paying for the stolen items.
The vast majority of our clients get probation instead of prison time. Probation may still mean up to a year in county jail, but with the Law Offices of Jeremy N. Goldman by your side, it could also mean less time in prison, home confinement, work projects or community service. Any past criminal record is important -- a lack of prior convictions, especially convictions for theft, will help.
Contact Jeremy Goldman
At the Law Offices of Jeremy N. Goldman, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love has been charged with burglary in Southern California, you should call the Law Offices of Jeremy N. Goldman today for a free evaluation of your case. Call 1-800-349-1619 or fill out our online consultation form to get in contact with a legal professional today.
