WE CONCENTRATE ON PRESERVING YOUR RECORD AND GOOD NAME IN THE ARENA OF LOS ANGELES THEFT CRIME CASES
Los Angeles Burglary Defense Attorney
HOW DO I AVOID GOING TO PRISON IF I AM CHARGED WITH RESIDENTIAL BURGLARY?
This is an important question when it comes to a residential burglary charge in one of the Los Angeles Superior courthouses. The penal code makes it very clear that if someone is convicted of residential burglary, they are to be sent to prison…unless “unusual circumstances exist.” The policy behind this edict by the legislature relates to the horrible invasion of privacy a residential burglary inflicts on the victim. People like to think that they are safe in the sanctity of their home and they feel extremely violated when a stranger comes into their castle to take theIR personal belongings.
In order for there to be “unusual circumstances” to warrant a probationary sentence and for the person to avoid prison, there are a number of factors that a savvy defense attorney can use in order to make this happen for their client. Some of the mitigating circumstances that can be used successfully are…the person has no prior criminal record, they have a job or are attending school to better themselves, there was no one home at the time of the breaking and entering, there was not much property taken, the person involved in the burglary was suffering from a drug addiction and was taking to support that addiction and the victim is able to get there property back with no damage to it. The above list are not the only circumstances that can help a person to avoid prison, but gives you an idea of what the court is looking at. In the end, your attorney’s ability to use the good things about you in your favor will be the main thing that makes the difference in what your ultimate punishment will be.
WHAT IS SOME OF THE RELEVANT LAW RELATED TO BURGLARY?
Burglary is a serious offense that requires a not only experienced but also aggressive defense attorney. Our Los Angeles Theft Crime Attorneys have the experience and skill that qualify us to adequately and competently represent you if you are facing charges of burglary.
To be convicted of burglary the prosecution must prove beyond a reasonable doubt that:
1. The defendant entered a building/ room within a building/ locked vehicle/ etc.
2. When they entered the targeted area, they intended to commit theft
A Burglary was committed if the defendant entered with the intent to commit theft. The defendant does not need to have actually committed theft, as long as they entered with the intent to do so.
Burglary is divided into two degrees.
First degree burglary is the burglary of an inhabited house, vessel, floating home, trailer coach, or part of a building.
All other burglaries are second degree.
Burglary can also be categorized as residential or commercial burglary.
Residential burglary applies to “inhabited” structures used for dwelling purposes, whether occupied or not.
Commercial burglary is when a person walks into a store with the intent to steal. Commercial burglary also results in petty or grand theft charges, depending on how valuable the items burglarized were.
Experienced Burglary Attorneys
At the Hedding Law Firm, we have successfully handled a variety of Burglary cases, ranging from first degree and second degree burglary. Our theft crime defense attorneys understand the negative consequences people face when they are convicted of a burglary crime. That is why we do everything we can to fight for our clients.
If you have been charged with Burglary, call the Hedding Law Firm at (818) 986-2092 today! Our skilled legal team will investigate the facts surrounding your case, contest evidence presented against you, and place every effort into your defense. At the Hedding Law Firm, we are dedicated to our clients and their cases.
Van Nuys Courthouse – First Degree Residential Burglary Charges Dismissed
My client was charged with first degree residential burglary charges. The judge dismissed the case at the preliminary hearing.