When an individual unlawfully enters another person's residence, law enforcement, prosecutors, and judges immediately categorize this as one of the most serious crimes, warranting swift prosecution, deterrence, and ensuring that the offender, once convicted of this California burglary-type charge, does not repeat the offense. Their primary objective in handling these burglary-related offenses is to prevent the offender from ever committing such a serious crime again.
The distinction between a person present burglary and a burglary where the property is unoccupied is significant. The former is a violent felony, while the latter is a severe felony. Both are serious. In a person-present burglary, the offender serves 85% of the time, making it the more severe of the two. This scenario, where someone breaks into a home while the occupants are present, is particularly dangerous and could lead to violent confrontations.
It's a deeply distressing situation when someone invades your home, your sanctuary, and violates that space. This is an experience that victims never forget, and the legislature and the courts recognize this. Hence, they classify a person-present burglary as a violent felony, typically resulting in a prison sentence, an 85% serving time, and a lifelong felony record in California.
Whereas the other scenario is also severe, where somebody breaks into another person's home and they're not there, that's still a residential burglary. That's still a strike. The person would typically still face prison unless they can demonstrate unusual circumstances, such as a valid reason for being in the house or a lack of intent to commit a crime. These are the types of arguments a skilled defense attorney can use to potentially reduce the severity of the punishment.
I recently had a case where somebody broke into a mailroom. The prosecutors were trying to claim that it was a residential burglary at an apartment complex, which I think is a pretty weak argument, and that's probably one where we're going to be able to get rid of the burglary and also avoid prison time for the particular client because it doesn't have the same issues and problems of breaking into somebody's home, especially when they're present — or even when they're not present.
You're invading the sanctity of another individual's home, and that's where the legislature and court system have taken issue and really kind of laid down the gauntlet as far as what they're going to do to people who commit those types of offenses. So, you can expect that they will be angling to try and put a strike on your record, a felony conviction for the rest of your life, and send you to prison. A 'strike' in this context refers to a serious or violent felony, and having a 'strike' on your record can significantly impact your future if you commit another crime.
Person-Present Burglary vs. Prison Time
This difference between a person-present burglary and one with no person present is also substantial. If there's no person present, you don't have any criminal record — that's one where the prosecutors may consider not sending you to prison. While the person is present, it's much more of a foregone conclusion that these individuals will seek prison time. You're likely going to have to convince the judge not to send the client to prison if they've got the goods and the evidence related to a burglary charge in Los Angeles County, or in the San Fernando Valley, for that matter.
I've handled these burglary charges for the past twenty-five years, and I am familiar with the area. I am aware of the factors that will be considered when determining whether a person is sent to prison, whether they will be required to carry a strike on their record, and the potential ramifications related to the burglary.
They will be reviewing the person's prior criminal record. They will be looking into whether someone was present when the burglary occurred. They will examine the type of property taken and the level of sophistication involved in the burglary. These factors, along with the skill of the defense attorney, can significantly influence the outcome of a burglary case.
I've had some burglaries where people throw bricks through windows, and then somebody comes out, and they run away. Obviously, this is something you don't want to do, but that's a far cry from sneaking into somebody's house in the middle of the night while they're home and taking things, and then there's some violent confrontation.
You have to look at both of those scenarios. They will be treated differently. Both are serious, but this gives you an idea of which cases the prosecutors will likely demand prison for. A strike, and in which cases they may consider giving the offender a break, as long as they feel, and the court feels, that whatever they do to the person punishes them and is a deterrent for future burglary or future crimes.
Please consult with our Criminal Defense Law Firm.
One of the biggest concerns prosecutors and judges typically have is that they give an offender a break in a burglary case, only for that same person to return and commit the same offense or something worse. Now they feel like they had the opportunity to punish them seriously and didn't do it.
Those are the worst cases for judges and prosecutors. When evaluating criminal defense cases, such as burglary charges, consider the prosecutor's and judge's perspectives to understand their concerns. This is what we typically do. Then we address their concerns when we sit down to negotiate with them, so that we can put the client in the best possible position, facing burglary charges. Contact our law firm to review your case.
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