I’ve handled hundreds of burglary cases over the last twenty-five years in the Van Nuys court system. I’ve had a lot of successful results – whether it be getting the case dismissed because all the prosecutors had was DNA and nothing else related to my client, or whether it be getting the case reduced with a situation where a fake gun was used in the San Fernando Valley.
I I was able to get rid of the burglary charge and get the client a charge that they could later get dismissed off their record versus that burglary which you can never get off your criminal record. Burglary is covered under California Penal Code 459.
How Are First-Degree Burglary Charges Dealt With In The Van Nuys Court?
A first-degree burglary charge has to do with somebody breaking into another person’s house. These charges are handled very harshly in the Van Nuys court system.
What it really takes is, if you’re breaking into somebody’s house in the San Fernando Valley then the Van Nuys court will have jurisdiction, and these burglary charges come when it’s clear that the person had the intent to commit a felony inside the house – steal the person’s property or do something else bad inside the house – then the prosecutors can charge burglary in the Van Nuys court system.
What makes it a first-degree burglary is when you’re talking about a house. What makes it even more serious is if there’s a person present. So, if you have a first-degree burglary charge with a person present in the home in the Van Nuys court system, then you’re looking at prison time.
You’re looking at a strike for the rest of your life. The three-strike law now considers burglaries with people present violent felonies so you’ll serve 85% of the prison time that you get.
So, these are the most serious charges, the most serious cases when it comes to the Van Nuys court system and it’s crucial that you have a criminal defense lawyer hat has experience and knowledge in the Van Nuys court system and has dealt with burglary cases – knows what it takes to get them reduced and knows what it takes to get them dismissed.
A lot of times people are just trying to break into the house and they realize somebody is home so they run away, so they say there’s no way I can be charged with a burglary case in the Van Nuys court system, but the reality is, yes you can.
All you have to do is break into the house slightly. You could use a tool to break in. You could break a window. That’s enough. If they can show the intent that you intended to commit a burglary, they’re going to charge you in the Van Nuys court and you’re going to be looking at prison time and a serious conviction on your criminal record.
Second-Degree Burglary Cases In The Van Nuys Court System
Second-degree burglary doesn’t really have to do with a residence. It has to do more with a commercial property or a car, where people are trying to break in and steal significant items either in a commercial location like a store or who are breaking into a car to commit a burglary inside the car.
These offenses are serious, but obviously they’re not as serious as a residential burglary, because a person’s home is their castle and we really hold a high value on not breaking into people’s homes, but also the prosecutor and judges are citizens just like all of us.
If they see you’re breaking into businesses, you’re breaking into people’s cars, they’re going to try to punish you. They’re going to try to put a mark on your record, a burglary conviction. They’re going to try to get a felony on your record if they can and they’re going to put strict conditions on you so you stop committing these burglaries in the Van Nuys area or in the San Fernando Valley area.
The San Fernando Valley is actually a very nice area and a lot of the prosecutors, the police and the judges live in the San Fernando Valley and they don’t want to see people committing burglaries, so they’re going to try to do everything they can to stop you. Some of the key things they’re looking at is protecting the public from people who continue to commit burglaries over and over again.
Our Strategy With Your Burglary In The Van Nuys Court
What I have you do is to come in, we sit down and we get together your version of events because a lot of times a one-sided investigation was done in the burglary case.
The Van Nuys prosecutors don’t have the full story, so we have to get that across to them. We also get some mitigation stuff for you – letters, your job, your history, your family – all the things that are important to you and all the things that the prosecutors and judge can relate to that make you a good person and a good citizen.
They have to know about that, because if they don’t know about that then we’re going to be in the position where they’re only looking at you in a bad light, instead of looking at you as the person that you truly are.
So, what we do is we have you come in. You’re honest about the burglary case. You’re honest about what you did, and the first thing we’re going to do is really assess whether Van Nuys should have charged you with the burglary in the first place.
Maybe it should be a different charge. Maybe it should be a grand theft person. Maybe it should just be a theft-related offense and not a burglary charge. Once we have that, then we’re going to figure out what we need punishment-wise. Do we need the case completely dismissed?
Is it a case that they’re not going to dismiss, but we need to keep you out of jail? These are the types of things we’re going to talk about. Once we have our plan together then it’s going to be up to me, with my twenty-five years of experience, to execute the plan and get you the result you must have.
So, we’re going to talk about that. We’re going to talk about what’s realistic. We’re going to talk about what you can do to help me and what I’m going to do to help you in your Van Nuys burglary case.
For more information on Burglary Cases In Van Nuys Courthouse, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.