The crime of burglary in Los Angeles is a significant issue, carrying with it a weight of negative connotations. Those convicted of burglary are often perceived as untrustworthy individuals who unlawfully take others' property. The California Penal Code 459 outlines the severity of this crime, emphasizing the serious implications it carries.

Residential burglary, in particular, carries severe consequences in California. A conviction results in a permanent felony on your record, a stark reminder of the long-term impact of a burglary charge.

In addition to things that go on your record, you're also looking at a situation where you could be sent to prison for an extended period. If there's a person present when the burglary occurs, that makes the crime a violent felony, which means that you would serve 85% of any time you get on the case.

When facing burglary charges, it's crucial to secure the services of an experienced criminal defense attorney as soon as possible. Prosecutors have the power to overfill many of these charges, and early legal representation can make a significant difference, underscoring the urgency of the situation.

Maybe the person did commit a burglary, but because of the person's lack of criminal record, their young age, and a host of other good factors — if there could be good factors in a burglary, prosecutors — can be used to try to differentiate you as a person from other individuals who commit residential burglaries and try to avoid a prison sentence and try to avoid some of the additional negative stigma and punishment that comes along with a burglary charge. Our Los Angeles criminal defense lawyers will examine this topic in more detail below.

Residential vs. Commercial Burglary in California

Now, there are multiple levels of burglary.  There is a commercial burglary, which would be characterized as second-degree burglary.  You were walking along, and you broke into somebody's car.  You take the person's stereo and other property; that's a second-degree burglary.  That's not a residential burglary. That's not a strike.

It's still serious, but it's one of those situations where you can get something like that reduced to a misdemeanor.  If you do well on probation, you may be able to have it dismissed from your record.  You're not as likely to go to prison, depending on your history and other factors.

There are other scenarios in which people break into non-residential properties. The residence is the problem because once you commit burglary and go into somebody's castle, so to speak, the judge and prosecutors will come down hard on you. The law and the legislature are designed to encourage people to break into others' homes.

Of course, that's for several reasons.  Firstly, it's hazardous to enter someone's home.  People and children are in there.  People have guns in their homes, so there's a lot more likelihood of violence or death if you go into somebody else's home.

A home is a sanctuary.  It's a castle, and people feel violated when another individual enters their home, and the legislature recognizes that and punishes them for it.  Judges and prosecutors all have homes.  They all put themselves, whether they admit it or not, into the victim's shoes in a residential burglary case.

So, if you've a first-degree residential burglary case that presents a host of problems, I've already mentioned the person-present issue. Still, just the fact that you're going into somebody's home will create a felony on your record.

You will not be able to expunge the felony from your record because there is no such thing as a misdemeanor residential burglary.  It's a straight felony.  You'll never be able to own, use, or possess a weapon.  You'll never be able to vote in the United States, and there are many other problems.

That conviction will stay on your record, so anybody who does a life scan on you if you're trying to get a job is going to see that.  So, when you get a burglary case, all of the marbles are on the line, so you should get in front of an attorney like me who's been doing this for twenty-five years.

We'll sit down and lay out all the facts, and I'll design a plan that does damage control and does everything possible to keep you out of prison and protect the valuable rights you have — your reputation and everything you hold dear.

How to Defend a Burglary Case?

California Penal Code 459 PC outlines different types of burglary charges. One type is commercial burglary. For example, if you break into a store or somebody's car and steal their property, I'd characterize that in California as second-degree burglary.

First-degree burglary, which I would like to discuss in terms of defense, refers to residential burglary.  It occurs when you enter someone's house, whether the person is present or not. 

If somebody is home, they consider it a violent felony, a strike, and you serve 85% of the time.  If somebody is not home, you can get 50% credit for any jail or prison time that you end up doing in the case.

Elements of the Crime

As far as defending these cases, first and foremost, the prosecutors must prove that you somehow entered someone's house.  We often see situations where somebody doesn't get into the house, and then you're dealing with the issue of whether there was a break-in.  In other words:

• Did a part of the person's body go into the house?
• Did a tool go into the house to satisfy the breaking element?
• Did somebody go to the location intending to commit a felony?

The felony is usually burglarizing the home, but it could be rape, it could be arson and a host of other felony-related offenses. However, if it's a misdemeanor, that would be one way to defend against the charge, as you're not attempting to commit an actual felony, and therefore, it's not considered burglary. 

We're trying to defend these burglary cases because they're typically strikes, and you're typically looking at prison time.  So, why would you want to have a conviction for that?

Fighting the Case or Negotiating with the Prosecutor?

The first thing you have to decide is whether or not you can defend the case or whether it's a situation where your attorney is trying to mitigate the case, get a lesser charge, or keep you out of jail or prison. What I have you do is come in.  We sit down and review all the facts and details.  I encourage you to be honest about what happened and:

• I'm also going to have to look at the police report to see what the police are claiming happened;
• What evidence do they have?
• What witnesses do they have?

Then, we can get down to the nitty-gritty and decide whether or not the burglary case can be proved against you. If it is decided that it can be proven against you, then we need to attempt to mitigate the consequences. 

We're going to get character letters from friends, family, and people who know you to try and paint a solid picture of you that the prosecutors will consider in either deciding to give you a lesser charge than a burglary or also having you be able to keep out of custody because obviously, nobody wants to go into custody.

Once we have decided whether to fight the case or mitigate the issue, we'll take the next step. 

Filing Motions and Trial Preparation

If we decide to fight the case, for example, we will investigate and file any motions that make sense for you in your particular circumstances, and we will strive to resolve the case before it even goes to trial. 

If it ends up going to trial, then obviously, we're going to aim at trying to convince the jury that you're not guilty. Each burglary case turns on its facts, so we have to look at what evidence the prosecutor has that supposedly proves the case against you.

I recall a case where all they had was my client's fingerprint on the inside of a glove related to someone who attempted to open a door. They didn't realize the resident was inside, and the person yelled, and the would-be burglar ran away. 

I got that case dismissed at the preliminary hearing because they only had that fingerprint.  They really couldn't prove that number one; my client was the one who tried to get into the house, and number two, there's case law that says that that fingerprint is not enough. So they're going to need more evidence than just that.

The bottom line is that if you need the best, you've come to the right place. So, pick up the phone now, ask for a meeting with Ron Hedding, and let me use my years of experience to benefit you.