Los Angeles Burglary Defense Attorneys

Los Angeles Lawyers Defend Clients Against Serious Burglary Charges

The crime of burglary, also known as breaking and entering (“B&E”), can forever change your life. These charges come with long prison sentences, harsh fines, and other penalties that can follow you well after you get out of prison. Burglary charges are very specific in California, and beating them requires the support of a dedicated law firm.

If you have been charged with burglary in Los Angeles, do not hesitate to contact Werksman Jackson & Quinn LLP. Our Los Angeles burglary defense lawyers have years of experience advocating for clients and can launch a strong defense on your behalf. We understand California’s theft laws inside and out and are well-prepared to handle your case. Call us at (213) 688-0460 to schedule a free consultation.

What Is the Legal Definition of Burglary?

Burglary is unlawful entry into a building with the intent to commit a crime. There does not need to be physical breaking and entering for burglary to occur. The offender could trespass on the property through an open door. Nor is it required that theft or another crime be committed on the property. If the structure is entered illegally by a person who intends to commit a criminal offense, the crime of burglary has occurred.

Theft crimes, such as burglary, robbery, and larceny, are often confused, but there are distinct differences in these offenses:

• Theft is taking someone else’s property without that person’s consent, with the intention of permanently depriving the owner of possession.
• Burglary is unlawfully entering a structure with intent to commit a crime (which may or may not involve theft). The crime is complete once the person enters the building with criminal intent, whether or not the intended crime is accomplished. If someone breaks into a residence with the intent to commit rape but is scared away when he hears sirens, the crime of burglary has been committed.
• Larceny is theft. It does not need to involve a structure.
• Robbery is taking something from a person without the owner’s consent by using force or threat of force to do so.
• Shoplifting in California occurs when a person enters an open business establishment with the intent to steal merchandise worth up to $950.

Is Burglary Considered a Felony or a Misdemeanor in Los Angeles?

This depends. First-degree burglary (burglary of a residence) is always charged as a felony. Second-degree burglary (burglary of a commercial structure or any structure other than a residence) may be charged as either a misdemeanor or a felony at the discretion of the prosecutor. As it applies to the definitions of first- and second-degree burglary, a “residence” can mean a house, an apartment, an inhabited motel or hotel room, an inhabited trailer, or an inhabited boat.

The penalties for burglary in California depend on whether the crime involved a commercial or a residential structure. Burglary of a residence (first-degree burglary) carries penalties of up to six years in prison. Burglary of a commercial property (second-degree burglary) is punishable with up to three years in prison.

Consequences of Burglary Charges in Los Angeles

Legal penalties for burglary convictions encompass imprisonment, substantial fines, probationary terms, and a permanent criminal record. Offenders may face significant jail time, hefty monetary penalties, and post-release supervision. Moreover, a burglary conviction can yield collateral consequences, impeding employment prospects and housing opportunities. Many employers conduct background checks, disqualifying individuals with criminal records, while landlords may reject rental applications. These collateral repercussions extend beyond the immediate legal penalties, posing enduring challenges to individuals convicted of burglary, affecting their livelihoods and social integration.

Some Common Defenses Against a Burglary Charge

Defense tactics against burglary charges depend on the specific circumstances surrounding each case. However, effective strategies involve attacking the elements of the crime or the process of investigating and instituting criminal proceedings against the defendants. Such strategies include:

• Challenge Identity or Presence: The defense may argue that the defendant’s identity was mistaken or that they were not present at the scene of the burglary. This could involve presenting alibis or evidence of the defendant’s whereabouts during the alleged crime.
• Questioning Intent: If the prosecution must prove intent to commit burglary, the defense may argue that the defendant did not have the requisite intent. For example, they may claim the defendant entered the property without knowing that the entry was unauthorized or with innocent intentions.
• Challenging Evidence: This strategy involves scrutinizing the evidence presented by the prosecution, such as witness testimonies, physical evidence, or surveillance footage, to identify inconsistencies, errors, or lack of credibility.
• Demonstrating Lack of Force or Entry: If the prosecution must prove unlawful entry, the defense may argue that the defendant had permission to enter the premises or that no use of force was involved in gaining entry, thus contesting the burglary charge.
• Establishing Lack of Possession of Stolen Property: If the defendant is accused of stealing property during the burglary, the defense may challenge the prosecution’s ability to prove that the defendant possessed the stolen items or that they were aware the items were stolen. The defense actions taken could involve demonstrating an innocent explanation for the possession of the items or questioning the chain of custody of the evidence.
• Exclusionary Rule: The defense may invoke the “exclusionary” rule, which prohibits using evidence obtained illegally, such as in an unlawful search or seizure. If the defense can demonstrate that key evidence was obtained in violation of the defendant’s constitutional rights, they can move to have that evidence excluded from trial, potentially weakening the prosecution’s case or leading to its dismissal.

How Expert Testimony Can Help Your Burglary Case

Expert witnesses can play a crucial role in burglary defense cases by providing specialized knowledge and analysis to strengthen the defense’s argument.

• Forensic experts may examine physical evidence, such as fingerprints or DNA, to challenge the prosecution’s narrative or suggest alternative explanations.
• Psychologists can assess the defendant’s mental state or behavior to challenge claims of intent or to provide mitigating factors.

• Security professionals

  may analyze security measures at the scene to challenge assertions of unlawful entry. Their testimony can offer valuable insights and credibility, assisting in the defense’s efforts to cast doubt on the prosecution’s case and secure a favorable outcome.

The Processes of Negotiation and Plea Bargaining

Negotiation and plea bargaining play a significant role in burglary cases. They enable defense attorneys to seek reduced charges or sentencing for their clients. Lawyers strategically approach discussions with prosecutors, aiming for outcomes that mitigate the severity of penalties or secure alternative resolutions.

By negotiating plea deals, defendants may avoid lengthy trials, uncertainty, and potentially harsh sentences. Skilled negotiation fosters efficient case resolution and allows defendants to minimize legal consequences, potentially sparing them from significant jail time or a permanent criminal record. Thus, adept negotiation tactics are indispensable, ensuring the best possible outcomes for clients facing burglary allegations.

Contact a Los Angeles Attorney Experienced in Burglary Defense

A conviction for first-degree burglary carries penalties of up to six years in prison. You need an experienced Los Angeles criminal lawyer to handle your defense for the best chance of obtaining a positive outcome in your case.

At Werksman Jackson & Quinn LLP, our attorneys include former prosecutors who are well-known for their criminal defense work. We have in-depth knowledge of Los Angeles’s district courts, making us your best option after an arrest.

Contact us at (213) 688-0460 to schedule a free consultation so we can discuss a defense strategy in your case.