Fresno Burglary Lawyer
Defending Against Burglary Charges in California
When it comes to legal matters, few things are as distressing as facing burglary charges. Burglary is a serious criminal offense and is penalized as such in the state of California. At Wapner Jones, PC, our burglary attorney in Fresno is ready to defend you and protect your rights when facing such charges.
Call Wapner Jones, PC today at (559) 257-4707 orcontact us online to schedule a consultation with our burglary attorney in Fresno.
What is Burglary?
Burglary, in the eyes of California law, is a serious criminal offense that involves entering a building or structure to commit theft, felony, or another criminal act inside. The key elements of burglary are:
- Entry: The defendant must unlawfully enter a building, structure, or inhabited dwelling. This could involve breaking, entering, or even using deceit or fraud to gain access.
- Intent: The defendant must intend to commit a theft, felony, or other crime inside. It's important to note that the intent to commit the crime distinguishes burglary from other crimes, such as trespassing.
- Structure: Burglary can occur in various types of structures, including homes, businesses, storage units, or even vehicles.
What are the Penalties for Burglary in California?
The penalties for burglary in California can vary depending on several elements, including the type of structure entered, whether it was inhabited, and the defendant's prior criminal record. Here's an overview of the potential penalties:
- First-Degree Burglary: This involves entering an inhabited dwelling intending to commit a felony. It is a felony in itself and can result in a sentence of up to six years in state prison.
- Second-Degree Burglary: This covers burglary of structures other than inhabited dwellings. It is also a felony; the potential prison sentence can range from 16 months to three years.
- Residential Burglary: If you commit burglary in an inhabited dwelling, it may be charged as residential burglary. This can lead to a "strike" on your record under California's Three Strikes law, potentially resulting in a life sentence for repeat offenders.
- Commercial Burglary: Burglary of a business or commercial property can also result in significant penalties, including imprisonment and fines.
It's important to note that burglary convictions can have long-lasting consequences beyond prison time, including damage to your reputation, limitations on future employment opportunities, and difficulty obtaining housing or loans.
Defenses Against Burglary Charges
Some common defenses against burglary charges may include:
- Lack of Intent: If the prosecution cannot prove that you had the intention to commit a crime when you entered the structure, it can weaken their case.
- Mistaken Identity: Sometimes, witnesses may misidentify the defendant, leading to wrongful accusations.
- Consent: This can be a strong defense if you had permission or a valid reason to be in the structure.
- Insufficient Evidence: Challenging the prosecution's evidence, such as witness credibility or forensic proof, can be crucial in building a strong defense.
- Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights during the investigation, evidence received through an illegal search and seizure may be suppressed.
Contact Our Burglary Attorney in Fresno Today
At Wapner Jones, PC, we are ready to fight for your rights. Our Fresno burglary attorney will thoroughly investigate the facts, challenge the evidence against you, and vigorously advocate for your rights in court. Your future is too important to leave to chance; let us help you navigate the legal complexities and pursue the best possible outcome for your case.
Contact Wapner Jones, PC, today to get started with our Fresno burglary lawyer.