Los Angeles Burglary Defense Attorney

At Kraut Law Group Criminal & DUI Lawyers, Inc., our criminal defense attorneys understand the seriousness of burglary charges under California Penal Code Section 459 PC. Whether you face allegations of residential burglary or commercial burglary, our experienced defense team, led by Attorney Michael Kraut, a former prosecutor, provides skilled, aggressive representation tailored to your unique circumstances.

California Penal Code Section 459 categorizes burglary into two distinct degrees:

• First-degree burglary (Residential Burglary): Involves entering an inhabited dwelling such as a house, apartment, or other living space with the intent to commit theft or any felony. California classifies first-degree burglary as a felony offense. Due to its serious nature, this charge qualifies as a "strike" under California’s Three Strikes Law, significantly increasing penalties for future felony convictions.
• Second-degree burglary (Commercial Burglary) involves entering a business or commercial property with the intent to commit theft or another felony. This offense is considered a "wobbler," meaning a prosecutor can charge it as either a misdemeanor or a felony, depending on factors such as the value of stolen or attempted stolen property and the defendant’s criminal history.

If the stolen or intended stolen goods exceed $400, the offense is generally charged as a felony. If the value is below $400, the offense is typically charged as a misdemeanor.

Penalties for First-Degree Burglary

• Up to 6 years in California state prison
• Probation and significant fines
• Mandatory parole supervision upon release
• Classification as a serious felony, resulting in a strike on your criminal record

Penalties for Second-Degree Burglary

• Felony Conviction: Up to 3 years in state prison, probation, fines, and parole supervision
• Misdemeanor Conviction: Up to 1 year in county jail, probation, fines, and possible community service or restitution. A theft-related prior conviction significantly impacts sentencing and usually results in felony charges even for minor theft offenses.

For prosecutors to secure a burglary conviction, they must establish two critical elements:

• Unlawful Entry: The defendant entered a structure or dwelling unlawfully. Forced entry is not required; simply entering without permission suffices.
• Specific Intent: At the precise moment of entry, the defendant intended to commit theft or another felony within. Mere entry without the particular intent does not meet the burglary threshold.

Prosecutors commonly rely on direct or circumstantial evidence to prove intent:

• Direct Evidence: Admissions or statements by the defendant acknowledging intent.
• Circumstantial Evidence: Tools indicative of burglary, stolen items in the defendant’s possession, or suspicious circumstances implying criminal intent.

At Kraut Law Group Criminal & DUI Lawyers, Inc., we leverage numerous effective defenses against burglary charges. We meticulously examine your case's details to identify weaknesses in the prosecution’s claims.

• Consent. One clear defense arises if you had permission from the property owner or authorized individual to enter the property, even if there was intent to commit theft or another felony. Explicit consent negates the unauthorized entry requirement, thus defeating burglary allegations.
• Lack of Specific Intent. Proving the defendant lacked specific intent at entry significantly undermines the prosecution's case. Situations where intent might be absent include:
  • Entering by mistake or misunderstanding.
  • Evidence indicates no intent existed at entry.
• Mistaken Identity. Wrongful accusation or mistaken identity commonly occurs, especially in burglary cases based on eyewitness testimony or ambiguous surveillance footage. An aggressive defense can effectively challenge identification evidence, casting reasonable doubt.
• Intoxication. In rare circumstances, involuntary intoxication can serve as a valid defense if it prevented the formation of the required criminal intent. However, voluntary intoxication does not typically excuse burglary charges.

Burglary charges carry severe penalties, including incarceration, financial repercussions, and lasting damage to your personal and professional life. Engaging experienced legal representation at the earliest opportunity greatly enhances your chances for a favorable outcome, including reduced charges, alternative sentencing, or case dismissal.

Attorney Michael Kraut offers extensive expertise gained through years as a prosecutor, bringing critical insights into prosecution strategies, strengths, and vulnerabilities. This prosecutorial experience allows Mr. Kraut to craft powerful defensive strategies, compelling negotiation positions, and persuasive courtroom arguments.

• Proven Experience: Attorney Michael Kraut has an extensive prosecutorial background and a successful defense record.
• Personalized Attention: We deliver individualized, meticulous case evaluations and aggressive representation explicitly tailored to your situation.
• Comprehensive Legal Strategy: Our team provides thorough, proactive defense efforts from preliminary investigations through trial proceedings.
• Immediate Action: Prompt legal intervention to protect your rights, reduce bail, negotiate charges, or achieve outright dismissal.

Attorney Michael Kraut and Kraut Law Group Criminal & DUI Lawyers, Inc. proudly represent clients charged with burglary offenses throughout Los Angeles County and Southern California, including:

• Pasadena
• Beverly Hills
• Riverside
• San Bernardino
• San Diego
• Orange County
• Ventura County

We are committed to aggressive, compassionate representation, ensuring your rights and interests remain vigorously defended.

Facing burglary charges demands immediate and expert legal action. Our skilled defense attorneys understand how to challenge the prosecution and advocate fiercely on your behalf effectively. Contact Kraut Law Group Criminal & DUI Lawyers, Inc. today for a confidential and comprehensive case consultation.