There are many defenses against burglary. Some of them are: The answer has to do with the type of structure you put in place to commit the crime. Breaking into an apartment is considered a first-degree burglary. Breaking and entering a non-residential building, such as a store or storage facility, is considered a second-degree burglary. If you or a loved one is accused of burglary, you will need to contact an experienced defense attorney who can help you understand the allegations against you. Wallin & Klarich lawyers have successfully defended our clients accused of burglary and other serious crimes for over 40 years. Our criminal defence lawyers have the knowledge and experience to provide you with the best legal defence. Second-degree burglary carries a sentence of up to three years in the county jail. Second-degree burglary offenses could carry up to 364 days in the county jail.
Penalties for first-degree burglary may include: Second-degree burglary is different because it involves entry into a business structure. Individuals should only face allegations of second-degree burglary if they enter a store outside of business hours. First- and second-degree burglary fees apply even if someone enters an unlocked building. The most important factor in the burglary conviction is the skill and skill of your burglary lawyer. So if you`ve been charged with burglary, hire an experienced defense attorney to defend you and fight for you in court. Our lawyers have defended countless people, so they have the knowledge and skills to achieve the best possible outcome for you. So what determines whether a person is charged with second-degree burglary or first-degree burglary? The charge usually looks at the accused`s criminal record. If the defendant has been charged with other violent crimes or has a criminal record for burglary, the charge may lay charges of second-degree burglary. The California justice system uses Section 459 to prosecute first- and second-degree burglaries. Both charges arise when someone: first-degree burglary is more serious than second-degree burglary. In the event of a conviction for burglary in the first degree, a strike is entered in a person`s criminal record. This means that the defendant must serve at least 80% of his prison sentence.
If the accused commits other crimes in the future, he or she faces a harsher sentence. Another factor that influences the outcome of your case is whether you have a competent and dedicated lawyer with experience defending clients facing burglary allegations. Burglary is a serious crime, and the consequences of a burglary conviction can affect you for the rest of your life. Jim knows that his neighbor is going on vacation, and he knows that his neighbor`s wife has a jewelry set worth thousands of dollars. So he decides he wants to go in and steal the jewelry. One day, he takes his crowbar and bursts in. As soon as he enters, he triggers the house`s alarm system and runs away. Police arrested him two blocks from the apartment. Here, Jim can be charged and convicted of first-degree burglary, he entered another person`s apartment with the intent to commit a major robbery there. First-degree burglary is also called burglary.
That`s because it`s about entering a residence. Any inhabited structure is considered a California resident. These include: The most common defence an accused can raise is that, although they entered a home or other structure, they did not do so with intent to commit a crime or theft. Keep in mind that this intent is one of the elements of burglary under Criminal Code 459. This means that if this specific intent is not present in a case, a prosecutor cannot prove beyond a doubt the guilt of an accused. Please also note that a person can still make a legal defense to dispute a burglary report, for example by showing no intent to commit a crime. The entry must be illegal. This means that permission to enter is a defense. Similarly, if the property belongs to you and not to others, entry is legal. The crime distinguishes between first-degree burglary and second-degree burglary. And the difference can make a significant difference in punishment if it is condemned. The basic language that represents second-degree burglary is somewhat similar to that of the third-degree offense, but contains additional elements that elevate this legally identified “violent crime.” If you are arrested in New York, Westchester County, or elsewhere in the suburbs of Hudson Valley, your attorney — presumably an experienced defense attorney — must be able to break down the factors that make your behavior violate New York Penal Code 140.25 to this Class “C” felony.
That way, and while you`re working together to prepare your defense, he or she can explain how this crime falls right in the middle of all New York burglary crimes in terms of severity and possible punishment. A Los Angeles criminal defense attorney can help you if you are charged with a first- or second-degree burglary. In many cases, the same types of defence work for both charges. For example, a lawyer may take steps to prove that: (2)(a) Except as otherwise provided in paragraph (2)(b) or (2)(c) of this section, second-degree burglary is a Class 4 felony. Second-degree burglary can be charged with a misdemeanor or felony. If a person is charged with a misdemeanor, they face up to 12 months in the county jail. However, if charged with a felony, a person faces up to three years in the county jail. The third and final factor prosecutors will evaluate is the quality of the evidence they have against you. If the prosecutor`s office has a very strong case, it could charge you with second-degree burglary.
If the evidence is weak or missing, you could be charged with second-degree burglary. However, there are also differences between first- and second-degree burglary. First-degree burglary: To convict you of burglary, the prosecutor must prove that you intended to commit a crime by entering the structure.
