Burglary is a serious offense under California Penal Code § 459 PC, and being charged with this crime requires the immediate attention of a skilled burglary lawyer. This offense involves entering a structure with the intent to commit theft or any felony once inside. The severity of burglary charges depends on factors such as whether the incident occurred in a residential or commercial property and whether the structure was occupied at the time. Convictions can lead to severe consequences, including significant prison time, hefty fines, and a permanent criminal record. It’s important to note that the prosecution does not need to prove that a theft or felony was completed—simply having the intent to commit such an act at the time of entry is enough 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 an experienced burglary lawyer 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 burglary lawyer 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 your free consultation. Our Los Angeles burglary lawyer is dedicated to standing by you, providing unwavering support and strategic defense to secure the best possible outcome in your case.

Legal Defenses Against Burglary Charges in Los Angeles

Challenging Intent

Intent is a crucial element the prosecution must prove in any burglary case. To secure a conviction, they must establish that you intended to commit theft or a felony at the time you entered the property. If this intent is absent, the burglary charge cannot stand. One effective defense involves demonstrating that you had no criminal intent. For example, if you entered a structure for a lawful purpose, such as seeking shelter during an emergency or retrieving your personal belongings, it directly challenges the prosecution’s case. Similarly, misunderstandings or miscommunications about your presence on the property may explain your actions.

For instance, you might have entered a location after being invited, only to find yourself wrongfully accused due to a misrepresentation by the accuser. By presenting clear evidence of your lawful purpose or prior permission to enter, our burglary lawyer can weaken the prosecution’s argument and help safeguard your rights.

Consent to Enter

Consent is a powerful defense in burglary cases because it directly negates the element of unlawful entry. If you can establish that you had permission from the property owner to enter, the prosecution’s case is significantly weakened. For instance, if the property owner explicitly allowed you to access the premises, this defense can be raised to show that your presence was lawful. Additionally, even in situations where consent is disputed, demonstrating that you reasonably and in good faith believed you were allowed to be there can challenge the prosecution’s narrative.

By providing evidence such as text messages, emails, or witness testimony to verify the consent, or showing that any misunderstanding about your right to enter was genuine, this defense can play a critical role in securing a favorable outcome.

False Accusations

False accusations often arise in burglary cases, particularly in disputes involving property ownership, financial disagreements, or strained personal relationships. A strong defense strategy focuses on exposing the accuser’s motives and challenging the credibility of their claims. For example, identifying reasons such as revenge, financial benefit, or miscommunication can help cast doubt on the accuser’s intentions. Inconsistencies in their testimony—whether through contradictions, exaggerated details, or changes in their story—can further erode the prosecution’s case.

Additionally, presenting supporting evidence such as witness statements, text messages, emails, or other records can be instrumental in demonstrating the accuser’s claims are baseless or fabricated. This defense can shift the focus away from the accused and highlight the flaws in the prosecution’s case.

Mistaken Identity

Mistaken identity is a frequent issue in burglary cases, particularly in situations with poor lighting, limited visibility, or unreliable eyewitnesses. Defending against such accusations involves establishing doubt about the identification process and presenting evidence that exonerates the accused. Providing a strong alibi can be a critical element of this defense. Evidence such as surveillance footage, receipts, or testimony from credible witnesses can demonstrate that you were not present at the location when the alleged crime occurred.

Additionally, physical evidence like DNA or fingerprints may not always conclusively prove guilt. Our burglary lawyer can challenge the validity or relevance of such evidence, especially if it was obtained improperly or does not directly connect you to the crime. Highlighting these weaknesses can create reasonable doubt and strengthen your case.

Insufficient Evidence

To secure a conviction, the prosecution must prove every element of the burglary charge beyond a reasonable doubt. When the evidence falls short, it creates opportunities to challenge the case against you effectively.

One key approach is to emphasize the lack of direct proof linking you to the alleged crime. Without concrete evidence, such as video footage or credible physical evidence, the prosecution’s case may be built on speculation rather than fact.

Unreliable witness testimony can also be a focal point of the defense. By exposing inconsistencies in statements, revealing biases, or demonstrating a lack of credibility, our burglary lawyer can cast doubt on the reliability of the prosecution’s witnesses.

Additionally, improperly handled evidence—such as items with a broken chain of custody—can be disputed. Contaminated or tampered evidence may be excluded from the case, further weakening the prosecution’s position. By highlighting these deficiencies, a skilled criminal defense attorney can help undermine the charges and build a strong defense.

Entrapment

Entrapment arises when law enforcement unlawfully pressures or manipulates an individual into committing a crime they would not have otherwise committed. This defense can be particularly relevant if the actions of the police crossed legal or ethical boundaries.

One aspect of this defense involves proving coercion or deception by law enforcement. If officers used undue pressure, threats, or misleading tactics to provoke you into entering a property, it could invalidate the charges. For instance, if undercover officers encouraged or coerced you into taking actions you otherwise would not have, this could constitute entrapment.

Another critical element is demonstrating a lack of predisposition to commit burglary. If there is evidence showing you had no prior intent to engage in criminal behavior and only acted due to police inducement, the prosecution’s case may weaken significantly.

Entrapment defenses require a thorough examination of police conduct and intent. With the right legal strategy, our burglary lawyer can challenge the legitimacy of the charges and argue for dismissal.

Reclaiming Your Property

This defense applies when you genuinely and reasonably believed the property you entered to retrieve was legally yours, negating the intent required for a burglary conviction. To successfully use this defense, it must be demonstrated that your actions were motivated by a good faith belief in ownership, rather than criminal intent. Supporting evidence such as receipts, prior ownership records, or other documentation can be critical in proving your claim.

However, this defense has its limitations. For example, forcefully entering a property or causing damage during the retrieval process may complicate the case. Additionally, disputes over ownership—especially those involving court orders, such as in divorce or business conflicts—may require further legal strategies to address.

For instance, if you entered a former partner’s home to recover belongings you left behind after moving out and genuinely believed you had the right to take them, this defense could apply. But if you used force to gain entry or took items not legally yours, the prosecution could challenge your intent. This is why a careful examination of the circumstances and strong evidence of ownership are essential to building an effective defense.