A Burglary occurs when a person enters an enclosed structure with the intent to commit a felony or a theft. A Burglary of a commercial establishment or vehicle can be charged as a misdemeanor or a felony. A Burglary of a residence can only be charged as a felony.
Residential Burglary is also a ‘Strike’, under California’s Three Strikes law. As such, the consequences can be lifelong. For more information on the affect of a ‘Strike’ conviction see the information entitled “California’s Three Strikes Law” at http://www.rossgreenlaw.com/.
Potential Penalties for Burglary
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (16 Months – 6 Years)
• Fines
• ‘Strike’ Offense on Permanent Record
• Informal/formal Probation
• Permanent Criminal Record
Common Defenses for Burglary
• Failure to Read Miranda Warnings
• Illegal Search or Seizure
• Lack of Intent to commit Felony or Theft
• No Entering into the Building
• Alibi
• Mistake of Fact
Burglary Criminal Defense San Mateo County Former Prosecutor
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