CALIFORNIA CRIMINAL LAWYERS

Los Angeles Burglary

Understanding Burglary: Types and Penalties Under California Law

Burglary can be a serious offense when prosecuted under California law. It involves the unpermitted entry into a structure with the intention of committing a crime, usually larceny. While some may use the terms burglary and larceny interchangeably, it is important to distinguish between the two as their legal definitions differ, and the penalties upon conviction may vary. Therefore, it is crucial to know the types of burglary, the elements that constitute them, and the legal consequences that follow.

Types of Burglary

In California, burglary can either be a first or second-degree offense, depending on the structure that the crime was committed in. For first-degree burglary, it occurs when the accused entered an “inhabited” structure without permission intending to commit a crime. An “inhabited” structure is defined as a dwelling primarily used as a residence, even if no one is present during the time of the offense. It also includes structures that were unoccupied due to emergency evacuation circumstances, such as natural disasters.

On the other hand, second-degree burglary involves non-inhabited structures, such as commercial establishments or vehicles, regardless of whether or not someone is present at the time of the burglary. The use of force to gain entry is not necessary, as long as the accused entered the premises without permission and with the intent to commit theft or any other form of illegal activity.

Elements of Burglary

To convict a person of burglary, the prosecution must prove beyond reasonable doubt that the accused entered the structure without permission and intended to commit a crime. The emphasis is on the element of intent, which differentiates burglary from other forms of theft. For example, taking someone else’s property without permission, even when no unpermitted entry is made, is considered larceny, a separate offense from burglary.

Penalties for Burglary

The penalties for burglary convictions in Los Angeles depend on whether the accused is charged with first or second-degree offense. Conviction for a first-degree burglary can result in imprisonment for up to six years, while a second-degree burglary charge can be either a misdemeanor or a felony. The penalty, in this case, may range from a year in jail to time in prison.

Defending Against Burglary Charges

A person accused of burglary must mount an immediate and aggressive defense, especially when they have an alternative explanation for entering the target structure. With the help of an experienced legal counsel, they can present mitigating factors to assert their innocence or lessen the severity of the penalty. Such mitigating factors may include proofs of prior permission given to enter the premises, malicious or mistaken accusations by a property owner and accidental entry because of medication or other intoxicants.

Conclusion

Burglary is a serious criminal offense under California law, and understanding its legal elements and consequences is crucial, whether one is accused or is pursuing legal action. While the legal definitions of burglary and larceny may seem interchangeable, distinguishing between them is essential. Knowing the types of structures that constitute a first or second-degree burglary can also affect the severity of the penalty. When accused, mounting a strong defense, including asserting mitigating factors, can help mitigate penalties. Avoiding this crime and understanding the law can help prevent being accused and charged with burglary.