The crime of burglary in the San Fernando Valley is a real problem because it brings with it a lot of negative connotations — meaning people who are convicted of burglary are viewed as individuals who can’t be trusted because the steal other people’s properties. California Penal Code 459 defines the crime of burglary.
But also, it brings with it — if it’s a residential burglary — a strike, and in California that basically means that you have a felony on your record for the rest of your life as long as you live in the State of California which is a three-strike jurisdiction. Then you put yourself in the position where you’ve got a strike on your record, it’s a felony on your record, you can’t own, use or possess a weapon and you can’t vote.
And obviously in addition to things that go on your record you’re also looking at a situation where you could be sent to prison for a long period of time. 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 that you get on the case.
Avoiding Criminal Charges and Jail Time
So, when you’re talking about burglary charges, you really need to get a an experienced criminal defense attorney as soon as possible because a lot of these burglary charges can be over-filed by the prosecutors and sometimes maybe they’re not over-filed.
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 other negative stigma and punishment that comes along with a burglary charge.
Residential vs. Commercial Burglary in California
Now, there’s multiple levels of burglary. There’s a commercial burglary which would be characterized as second-degree burglary. Let’s say you were walking along and you break into somebody’s car. You take the persons stereo and take 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 down to a misdemeanor. You could get it dismissed off your record if you do good on probation. You’re not as likely, depending on your record and other factors to go to prison.
There’s other scenarios where people are breaking into non-residences. The residence is the problem because once you commit a burglary and go into somebody’s castle so-to-speak, that’s when the judge and prosecutors will really come down hard on you and the law and the legislature is set up that way, to really get people who are involved in going into other people’s home.
Of course, that’s for a variety of reasons. Number one, it’s very dangerous when you go into someone’s home. People and children are in there. People have guns in their home, so there’s a lot more likelihood for violence or death if you’re going to go into somebody else’s home.
A home is a sanctuary. It’s a castle and people really feel violated when another individual goes into their home and the legislature recognizes that and punishes for that. Judges and prosecutors all have homes. They all put themselves whether they admit it or not, into the shoes of the victim in a residential burglary case.
So, if you have a first-degree residential burglary case, that brings a whole host of problems. I’ve already mentioned the person-present issue, but just the fact that you’re going into somebody’s home, that’s going to create a felony on your record.
You will not be able to get the felony off your record because there’s 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’s a bunch of other problems.
Criminal Defense Attorney in San Fernando Valley
That conviction is going to 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 what you should do is 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 let me design the plan that does damage control and does everything possible to try to keep you out of prison and protect those valuable rights that you have — your reputation and everything that you hold dear.
Hedding Law Firm
16000 Ventura Blvd #1208
Encino, CA 91436
Categorised in: Burglary