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Burglary

Are you facing Burglary charges in Los Angeles?

Pursuant to California Penal Code Section 459, burglary occurs when someone enters into any building or room with the intent to commit a felony or a theft while inside. You can be convicted of burglary even if the felony or theft never takes place, so long as you enter into the building with the necessary criminal intent.

Burglary is divided into first degree burglary and second degree burglary. First degree burglary is always a felony and is committed when you enter into someones residence. Second degree burglary is a “wobbler” offense, meaning that it can be charged as a misdemeanor or a felony, and is committed when you enter into any structure other than a residence.

If you are facing charges for burglary in Los Angeles, or the surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth. Miles Booth has handled thousands of cases and will fight aggressively to get you the best outcome possible. Call now for a free consultation at 424 272 1134.

Los Angeles Criminal Defense Lawyer Miles Booth

Los Angeles Criminal Defense Lawyer

How does the prosecution prove that I am guilty of burglary?

To be found guilty of burglary under California Penal Code Section 459 the prosecutor must prove that you;

  • Entered into a building, room within a building, or a locked vehicle, and
  • Intended to commit a theft or a felony when you entered the building

It is important to distinguish burglary from California Penal Code section 459.5, shoplifting. Shoplifting occurs when someone enters a business during business hours with the intent to steal items that are worth $950 or less. Shoplifting is always a misdemeanor unless the defendant has a previous conviction for a super strike offense (including rape, murder or specific sex crimes), or the defendant is required to register as a sex offender.

Lets take a closer look at how the court defines these elements;


You do not actually have to commit a theft or a felony once inside the building to be convicted of burglary. You can be still convicted of burglary so long as you enter into the building with the necessary criminal intent.

You are considered to have entered a building if any part of your body, or an object under your control penetrates the area inside the buildings outer boundary. A building’s outer boundary includes the area inside a window screen, and an attached balcony designed to be entered only from inside the residence, on the second floor or higher.

How can I defend myself against burglary charges?

Being charged with burglary can be overwhelming, however a Los Angeles criminal defense attorney can be your greatest asset in fighting these charges. Some of the most common legal defenses to a burglary charge are that;

  • You did not have intent to commit a felony or theft when you entered the building,
  • You did not enter the dwelling or building,
  • You have a claim of right to the property,
  • You were a victim of mistaken identity, and
  • You were falsely accused

Just because you have been accused of burglary does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth to discuss how to best defend your case.

What are the Penalties for a burglary conviction?

The penalties for a burglary conviction depend on whether or not you are accused of first degree burglary, or second degree burglary.

First Degree Burglary

First degree burglary, also known as residential burglary, is always charged as a felony and a conviction may result in;

  • Felony probation, or
  • 2, 4, or 6 years in prison, and/or
  • A fine of up to $10,000

First degree burglary is also a strike offense under California’s “three strikes” law. This means that if you are subsequently convicted of any other felony your sentence will be twice the term it would have been otherwise. You will also be required to serve at least 85% of your sentence on the criminal threats conviction.

Second Degree Burglary

Second degree burglary is a “wobbler” offense, which means that it can be charged as a felony or a misdemeanor at the discretion of the prosecutor.

When charged as a felony a commercial burglary conviction may result in;

  • Felony probation, or
  • 16 months, 2 years, or 3 years in county jail, and/or
  • A fine of up to $1,000

When charged as a misdemeanor a commercial burglary conviction may result in;

  • Misdemeanor probation, or
  • Up to 1 year in county jail, and/or
  • A fine of up to $1,000

Contact Los Angeles Criminal defense attorney miles booth

Facing burglary charges can be overwhelming and frightening. Charges alone can have far-reaching consequences. Penalties upon conviction are harsh, even in misdemeanor cases, and exceptionally disruptive to normal life. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy.It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.

As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. He has handled thousands of cases throughout Los Angeles County and will aggressively defend you to get the best outcome possible.

If you are facing burglary charges in Los Angeles, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.

Theft Crimes


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