PC 459 Second-Degree or First-Degree Burglary
The first question you have to figure out if you have a California burglary case is whether it's a first-degree or second-degree burglary. Is it a residential burglary that is a strike or a commercial burglary like at a store or a store? Of a car. Burglary is defined under Penal Code 459 PC. There's a vast difference between the two (CALCRIM 1701 – burglary degrees). One's a strike; one's not. One will subject you to prison time, which would be residential burglary.
Then there's an extra add-on bonus in residential burglaries if there's a person present. In other words, if someone goes into someone's home and there's a homeowner there, that turns into a violent felony. The person will serve 85% of whatever time they get. It's a terrible scenario.
So, once you determine if it's second-degree or first-degree, the next thing the prosecutor and judge will look at is what does the person's criminal record look like? Do they have any other theft crimes? God forbid, do they have any other burglaries on their record?
Do they have any strikes on their record? If you end up pleading for residential burglary, you will get a strike on your record. Unless there are unusual circumstances, the prosecutors will be looking for prison time most of the time.
Your defense attorney has to take that burglar outside the average dangerous burglary where someone's going into somebody's house to establish that unusual scenario. They could get shot. The homeowner could get fired.
They're invading somebody's life. You've heard a home is a castle to some people. The prosecutors and judges look at it that way, so they take these burglary cases (CALCRIM 1700), especially in LA, severe.
Many areas are very conservative and consist of conservative jurors and a traditional bench. The judges are conservative, and they're looking to punish people very severely if they're going to break into somebody's house.
Misdemeanor or Felony Burglary Charges
You have a much better chance if you have a commercial burglary or second-degree burglary. I often get misdemeanors in those cases because they're wobblers, unlike a residential burglary, which is not a wobbler. It's a straight felony.
So, if you can get a misdemeanor in a case, you keep out of prison. Often, we can even save you out of jail, and one of the main things they're looking at in these second-degree burglaries is making the victim whole. In other words, whoever you victimized, whether it's from taking property from their car or a store or whatever the case may be in a second-degree burglary case in Van Nuys, will be looking at you paying the person back.
If you can compensate and get their money back, you're in a solid position to work out a fair resolution. If you can't pay the money back, you'll still be able to work out a solution. You're still going to be ordered to spend the money. They're just going to take it out of your hide. Meaning they're going to punish you for not getting the money back to the victim in a timely fashion.
Avoiding a Penal Code 459 Burglary Conviction
Burglary cases are enormous in Los Angeles because if you or your loved one gets convicted of residential burglary, you've got a strike on your record for the rest of your life. The crime of burglary is defined under California Penal Code 459. You're typically looking at prison time, which is not a good scenario.
Burglary cases are now on the rise, especially with the new prosecutor looking at some of these cases and thinking about how they're going to deal with them. It's more important than ever to get a criminal defense attorney like me who's been doing this now for 27 years and who's been able to prevent these burglary convictions from going on people's records.
It's crucial because if you get a burglary conviction, it hits so many significant necessary bells that we don't want to hit. It gives you a strike. It puts you in a category of criminal offenders in California who no one will hire.
So, if you or a loved one is charged with a burglary case in the San Fernando Valley, you've got to hire someone like me who's been defending these cases now for 27 years, a staple in the San Fernando Valley community now for many years.
The Hedding Law Firm is well known and respected by judges and prosecutors alike. So, when I stand up for my client, especially young clients who are charged with residential burglary cases and I talk about:
- avoiding a conviction for a strike,
- avoiding prison, and
- trying to set things up so these young offenders can survive, and
- can move forward in the job market.
New Los Angeles District Attorney Policies
Fortunately for you, the new head prosecutor of Los Angeles county who deals with these burglary cases in the San Fernando Valley has a mind to listen to.
He has an open ear and has specifically directed his deputy district attorneys to look at the mitigating factors related to burglary cases in Los Angeles, not just go to prison, not just for a strike. He is looking at other aspects, why these offenders commit these crimes — social things that are going on in the community.
Criminal Defense Lawyer for PC 459 Burglary Charges
I encourage you to pick up the phone now. Ask for a meeting with Ron Hedding. I've handled:
- hundreds of burglary cases;
- I've gotten cases dismissed;
- I've gotten cases mitigated, and lesser charged files against my clients.
I've done many things to let you take control of your life, survive for your family and your career, and take control of your life back.
Pick up the phone now. Ask for a meeting with Ron Hedding. I love to help people just like you to get you back on course and protect everything important to you, including your career, family, and freedom.
Hedding Law Firm is a top-ranked criminal law firm located at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 542-0940.
Burglary Defense Lawyer in Los Angeles
So, whether you have a first or second-degree burglary in Los Angeles County, you'll want to have an attorney who knows the courthouse, the prosecutors, the judges, and the way of the land there. I've been doing theft crime cases there — specifically burglary cases, both first and second-degree — for the last 26 years of practicing criminal defense.
If you need help, pick up the phone and make the call. We'll sit down. We'll lay everything out and get a game plan together to succeed in your case. Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County.