Burglary Defense at The Law Offices of Arash Hashemi

Burglary is a serious offense under California Penal Code § 459 PC. This crime involves entering a structure with the intent to commit theft or any felony once inside. The severity of the charges can vary depending on whether the burglary occurred in a residential or commercial property and whether the structure was occupied at the time of the offense. Convictions can lead to severe penalties, including substantial imprisonment, hefty fines, and a permanent criminal record. It is important to understand that the prosecution does not need to prove that a theft or felony was actually committed; the intent to commit such an act is sufficient for a charge.

If you are facing charges under this statute, it is crucial to start building a defense immediately to avoid the harsh consequences of a conviction. Hiring a skilled attorney to guide you through the defense process is essential. At The Law Offices of Arash Hashemi, we have been defending Los Angeles residents against various criminal charges since 2003. With over 20 years of experience, Attorney Arash Hashemi provides expert legal representation for individuals accused of burglary. Our firm meticulously analyzes each case, scrutinizes the evidence, and develops a strategic defense tailored to challenge the prosecution’s claims effectively.

Early intervention by our attorney can be critical to the outcome of your case. Addressing legal challenges promptly allows for the preservation of vital evidence, the mitigation of potential damages, and engagement in negotiations that may prevent the escalation of charges.

If you or someone you know is facing charges of burglary in Los Angeles, it is essential to seek experienced legal counsel immediately. Contact our office at (310) 448-1529 or fill out our online contact form to schedule a consultation. Attorney Arash Hashemi is dedicated to standing by you, providing unwavering support and strategic defense to secure the best possible outcome in your case.

Understanding Burglary Under California Law:

Burglary is defined under California Penal Code § 459 PC and involves entering a structure with the intent to commit theft or any felony. Understanding the key elements of this crime is crucial for anyone facing such charges.

Penal Code 459 criminalizes the act of entering any structure with the intent to commit grand or petit larceny, or any felony. Structures can include houses, apartments, stores, warehouses, or even locked vehicles. The intent to commit the crime must exist at the time of entry for a burglary charge to be valid.

Types of Burglary:

• First-Degree Burglary (Residential Burglary): This involves entering an inhabited dwelling, such as a home or apartment. First-degree burglary is always a felony and is considered a serious offense.
• Second-Degree Burglary (Commercial Burglary): This involves entering a non-residential structure, such as a business or storage facility. Second-degree burglary can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant’s criminal history.

Key Elements of Burglary:

• Entry: The defendant must have entered a building or structure. This can include any part of the body or an object used to gain entry.
• Structure: The entry must be into a building or structure, which can include houses, apartments, offices, stores, or vehicles.
• Intent: At the time of entry, the defendant must have intended to commit theft or any felony inside the structure. The actual commission of the theft or felony is not necessary for a burglary charge.

Definition of Intent

Intent is a critical component of a burglary charge. The prosecution must demonstrate that the defendant had a specific intent to commit theft or a felony when entering the structure. This intent can be inferred from circumstances, such as possession of burglary tools or attempting to hide upon entry.

Residential vs. Commercial Burglary

• Residential Burglary: Considered more severe due to the invasion of someone’s home. It carries harsher penalties, including longer prison sentences and higher fines.
• Commercial Burglary: Typically involves entering businesses or other non-residential structures. It may result in less severe penalties, especially if charged as a misdemeanor.

Potential Penalties for Burglary Conviction in California

First-Degree Burglary (Residential)

• Imprisonment: Two, four, or six years in state prison.
• Fines: Up to $10,000.
• Probation: Formal probation for at least three years, which may include conditions such as compliance with all laws, regular meetings with a probation officer, and participation in counseling or rehabilitation programs.
• Strike Under California’s Three Strikes Law: A conviction for first-degree burglary counts as a strike under California’s Three Strikes Law, which can lead to harsher penalties for future felony convictions.

Second-Degree Burglary (Commercial)

Misdemeanor Conviction Penalties:

• Imprisonment: Up to one year in county jail.
• Fines: Up to $1,000.
• Probation: Up to three years of informal probation, which may include conditions such as regular check-ins with a probation officer and participation in counseling programs.

Felony Conviction Penalties:

• Imprisonment: Sixteen months, two years, or three years in state prison.
• Fines: Up to $10,000.
• Probation: Formal probation for at least three years, with conditions such as compliance with all laws, regular meetings with a probation officer, and participation in counseling or rehabilitation programs.

Additional Penalties

• Restitution: Payment to the victim for any financial losses or property damage incurred as a result of the burglary.
• Community Service: Completion of court-ordered community service hours.
• Restraining Orders: Issuance of restraining or protective orders to prevent further contact with the victim.

Enhanced Sentencing for Aggravating Factors

• Use of a Weapon: If a weapon was used during the burglary, additional penalties may apply.
• Injury to a Victim: If someone was injured during the burglary, the court might impose harsher penalties.
• Prior Convictions: Previous burglary convictions or other felonies can result in increased penalties, including longer prison sentences and higher fines.

Potential Defense Strategies

Lack of Intent

• No Criminal Intent: Demonstrating that you did not have the intent to commit theft or any felony upon entering the structure. This can be supported by evidence showing a lawful purpose for entry.
• Mistaken Purpose: Showing that your actions were misinterpreted and that there was no intention to commit a crime.

Consent to Enter

• Permission from the Owner: Proving that you had the property owner’s consent to enter can negate the claim of unlawful entry.
• Misunderstanding: Demonstrating that any misunderstanding about your right to be on the property was reasonable and not intentional.

False Accusations

• Motive for False Claims: Identifying any reasons the accuser may have for making false allegations.
• Inconsistencies in the Story: Highlighting discrepancies in the accuser’s statements.
• Supporting Evidence: Providing evidence, such as witness testimonies or communications, that contradicts the accuser’s claims.

Mistaken Identity

• Alibi: Providing evidence that you were not at the scene of the incident. Witness testimonies, video surveillance, or other forms of proof can establish your whereabouts.
• Misidentification: Showing that another individual was responsible for the burglary. Eyewitness accounts, discrepancies in descriptions, and DNA evidence can support this claim.

Insufficient Evidence

• Weaknesses in Prosecution’s Case: Pointing out flaws or gaps in the prosecution’s evidence.
• Unreliable Witnesses: Challenging the credibility of the prosecution’s witnesses. Cross-examination can reveal biases, inconsistencies, or motives to lie.
• Lack of Concrete Proof: Emphasizing the absence of definitive evidence linking you to the crime.

Entrapment

• Coercion or Deception by Police: Showing that law enforcement used coercion, threats, or deceit to provoke you into committing the crime.
• No Predisposition: Demonstrating that you were not predisposed to commit the crime and that the criminal act was the result of law enforcement’s improper conduct.

Contact a Los Angeles Criminal Defense Attorney & Schedule Your Consultation Today

If you are facing burglary charges, don’t wait to seek legal assistance. With over 20 years of experience in criminal defense, our firm is dedicated to providing professional, effective legal representation. We understand the serious implications of these charges and are committed to protecting your rights and future.

Schedule a Consultation:

• Phone: (310) 448-1529
• Email: Contact@hashemilaw.com
• Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
• Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.

Contact us today to discuss your case and explore your legal options. Our dedicated team is here to provide the support and strategic defense you need to achieve the best possible outcome. Attorney Arash Hashemi is committed to standing by you every step of the way, ensuring that your rights are protected and your case is handled with the utmost care and professionalism.