Burglary Defense Attorney San Diego | Lawstache Law Firm
Facing burglary charges in San Diego? At Lawstache Law Firm, our experienced criminal defense attorneys fight aggressively to protect your rights and your future. Burglary cases in California are serious, but with the right legal defense, you can challenge the evidence and fight for the best possible outcome.
Definition of Burglary in California
Under California Penal Code 459, a person may be guilty of burglary if they enter a house, apartment, room, commercial building, vessel, vehicle, or locked container with the intent to steal or commit a felony. Importantly, the intent must exist at the time of entry—if the intent came afterward, it is not burglary.
Degrees and Punishment
California law separates burglary into two categories:
- First-degree burglary: Occurs in an inhabited dwelling (house, apartment, or vessel designed for living). It is a felony, punishable by 2, 4, or 6 years in state prison. A conviction counts as a “strike” under California’s Three Strikes Law, requiring offenders to serve at least 85% of their sentence.
- Second-degree burglary: Involves all other structures, usually commercial buildings. It may be charged as either a felony or a misdemeanor, depending on the circumstances and the defendant’s criminal history.
Defenses Against Burglary Charges
Our San Diego criminal defense lawyers develop customized defense strategies for each case. The prosecution must prove intent beyond a reasonable doubt, which is often the most difficult element. Common defenses include:
- Lack of intent
- Mistaken identity or alibi
- Consent to enter the property
- Intoxication or mistake of fact
- Violation of rights, such as failure to give Miranda Warnings
Why Hire Lawstache Law Firm?
If you or a loved one has been accused of burglary in San Diego County, you need a burglary defense attorney who knows how to navigate the local courts. At Lawstache Law Firm, we represent clients throughout San Diego and surrounding communities, offering aggressive and strategic defense against burglary, robbery, theft, and other related charges.
Call Our San Diego Burglary Lawyers Today
Do not face burglary charges alone. Contact Lawstache Law Firm today for a free, confidential consultation with a skilled burglary defense attorney in San Diego. Call us now at (619) 357-6677.
Related Theft Crimes
- Robbery | California Penal Code 211 | PC 211
- Burglary | California Penal Code 459 | PC 459
- Theft Crimes (Larceny, Embezzlement, False Pretenses) | PC 484 | PC 488
- Receiving Stolen Property | PC 496
FAQs About Burglary Defense in San Diego
What is the difference between first- and second-degree burglary?
First-degree burglary occurs in an inhabited dwelling and is always a felony. Second-degree burglary involves commercial property and can be charged as a misdemeanor or felony depending on the circumstances.
Can I beat a burglary charge in San Diego?
Yes, many burglary cases can be successfully defended by challenging the prosecution’s ability to prove intent, identifying constitutional violations, or presenting strong alibi evidence.
How much prison time can I face for burglary in California?
First-degree burglary carries 2, 4, or 6 years in state prison. Second-degree burglary penalties range from up to 1 year in county jail (misdemeanor) to 16 months, 2 years, or 3 years in state prison (felony).