Orange County Burglary Defense Attorneys

WHAT IS A BURGLARY?

In California, a burglary is said to have occurred when a person enters a residence, business, boat or any other building "with the intent to" steal or commit a theft. There is a difference. Every burglary that is said to have been committed in an inhabited residence or building is considered burglary of the first degree. All other kinds of burglary are considered to be second-degree burglary.

The penalties for committing a burglary are as follows:

• Burglary in the first degree is punishable by imprisonment in state prison for two, four or six years and
• Burglary in the second degree is punishable by imprisonment in county jail or state prison for up to one year

Burglary is normally considered to be a "wobbler." It could be treated as a misdemeanor or a felony. The prosecutor will charge a burglary as a misdemeanor or a felony depending on the evidence, the seriousness of the alleged crime and the value of the property that is taken.

THE DIFFERENCE BETWEEN ROBBERY AND BURGLARY

"Robbery" and "burglary" are two terms that are often confused or used interchangeably. There is a big difference, however, between these two charges. The key difference between a robbery and burglary is that in a burglary, the victim is not present. In a robbery the victim is present, and the taking has to be from the victim by way of force, fear or intimidation. Weapons could also be involved in a robbery, which elevates the charges even further.

THE EVIDENCE

In a burglary case, the prosecutor must prove that the defendant entered a premises or a structure - be it a home, business or boat - without the permission of the owner and with the intent of taking the owner's property without his or her content. In other words, the prosecution must prove that the defendant entered the building with the "intent to steal."

The outcome of a burglary case could hinge on what kind of evidence the prosecution has, but it depends even more on how well your Orange County burglary defense attorney understands burglary cases. Wallin & Klarich have the knowledge, experience, ease of familiarity with local courts and the persistence it takes to defend you against these allegations.

We will work hard to acquit you, reduce your charges as well your penalties and fines. Our goal is to get the best possible result for you and keep you out of jail.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing theft charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-228-6315 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.