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Your Burglary Defense Lawyers

Whether it is a simple case of premeditated shoplifting or a residential burglary, a conviction of burglary can have serious consequences for your life. Attorneys at MyCriminalDefense are experienced at defending burglary cases and know the strategies to prevent charges from being filed, and to defeat charges once they have been filed.

What is Burglary?

Penal Code §459 defines burglary as a crime committed by any person who enters any kind of building with the intent to commit theft or any felony.

Two Types of Burglary
1. Commercial Burglary (2 degree burglary) Commercial burglary involves breaking and entering any building that is used for commercial purposes.
2. Residential Burglary (1st degree burglary) Residential Burglary involves breaking and entering any building that is inhabited by people.
What must the prosecution prove to convict someone of Burglary?

In order to be found guilty of Burglary, the prosecution must prove beyond reasonable doubt that the defendant:

1 The defendant unlawfully entered a building or inhabited dwelling
2 With the intent to commit a theft crime or any other type of felony crime.
Punishments for Burglary

Commercial Burglary (2nd degree) Up to a year in County Jail or 16 months, 2 years or 3 years in state prison. (Note: non-violent felony crimes punishable by imprisonment in state prison are actually served locally in the county jail)
Residential Burglary (1st degree)
Residential Burglary is considered much more serious because the risk of injuring or killing the residents in the course of the crime. 2 years, 4 years or 6 years in State Prison. If the felony committed is a violent felony as defined by Penal Code section 667.5, the prison time will actually be served in a state prison correctional facility.

Defenses to Burglary

Consent If a person had consent to be in a building or home, there is no unlawful entry and therefore no burglary is committed. This defense is frequently litigated in trial. Usually, a person who has leased the building or house, claims a right to enter and occupy it. At My Criminal Defense, our senior attorneys examine leases, and other agreements to use and occupy buildings and we will present documents to prove a right to occupy or use premises to the District Attorney.
Mistake Clients who are drunk or intoxicated often accidentally break and enter into a building or home they mistakenly believe is their own. Attorneys At My Criminal Defense will often hire investigators to produce photographs and maps to show the proximity of our client’s home to the home he or she has entered by mistake. We have been very successful in persuading the District Attorney to dismiss such cases.
False Accusation In this defense, the client is misidentified as the person who unlawfully entered a building or home. Attorneys at My Criminal Defense, employ investigators who conduct interviews of potential witnesses that would show our clients were not in the area of the burglary or had permission to use the premises. A professional investigation is essential to the success of this defense.
At My Criminal Defense, our attorneys are proactive and try to build a defense before the District Attorney has decided to file charges. If we act swiftly to construct a successful defense to burglary charges, we can persuade the DA to reject the case.

My Criminal Defense had a case where our client was a very drunk marine who was invited to play cards at a strange couples’ home. The husband and his friends were happy to have our client lose his money in card games, but when the husband jokingly placed our tired client in bed next to the husband’s wife, she didn’t think it was a joke at all and called the police. Our client was arrested and charged with residential burglary. Our defense was his intoxication and the owner’s consent. The DA took one day to throw this case out of the window.

Many cases are not as easy and absurd as this one. So when cases are filed against our clients, we have already prepared our best defenses and we continue to investigate and improve our defense strategies so that we maintain a distinct advantage over the District Attorney.

Our trial attorneys have tried hundreds of cases successfully to a jury verdict of either not guilty or hung jury. My Criminal Defense commands the greatest respect from the prosecution and the bench. Please contact the attorneys at MyCriminalDefense at your earliest opportunity if you are charged with a burglary crime. We can get to work right away and prepare a defense that will save your freedom, reputation and career.

At My Criminal Defense, Our Attorneys Fight For You At Every Stage Of Your Case

Pre-File Defense

Our attorneys initially attempt to carry out these defense strategies before the District Attorney has made a decision on whether or not to file charges. By presenting favorable sworn statements, polygraph results and psychological evaluations of our clients, we are often able to convince the District Attorney to reject the case and not file charges.

Pre-Trial Defense

If our clients hire us too late to conduct a pre-file defense, we can often employ the very same defense strategies to convince the District Attorney that they don’t have sufficient evidence to move forward with the prosecution. We actively lobby for a dismissal of all charges which we have been very successful in accomplishing.

Trial Defense

In the event, the District Attorney refuses to dismiss the charges, we are ready to go to trial and win a not guilty verdict on our client’s behalf. Because we have prepared so thoroughly and so early in the case, we are often a step ahead of the prosecution and find that we are much better prepared at trial than they are. Our percentage of not guilty verdicts is very high because of how thoroughly we prepare our client’s defense and how much more prepared for trial we are than our opponent.


My Criminal Defense has successfully defended thousands of clients who have been falsely accused of burglary by conducting a thorough investigation of the facts of each of our clients’ cases. Our criminal defense attorneys have extensive experience handling such cases and, with our defense team of investigators and experts, our attorneys can help defend your legal rights and protect you against a wrongful and unjust prosecution.

With almost 100 collective years of experience in the court room we pride ourselves in our ability to create successful strategies that will protect your life and freedom. TAKE IMMEDIATE STEPS TODAY to protect your life and freedom. Call us to set up a FREE confidential consultation.


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