It’s not uncommon for a person to believe that burglary and theft are essentially the same thing. In fact, they’re not the same at all. With a charge of burglary, nothing needs to have been stolen. How is that possible? Because a criminal charge of burglary refers to entering a space illegally, such as a home, room, or vehicle, with the intention to commit a crime once you’re in there.
One example is to go into a department store with the intent to assault the employee. This is referred to as burglary, even though the intent was not to steal something. That said, it’s often the case that burglars intend to commit some sort of theft – that’s why the charges can be confused as a single charge for some people.
Forced entry isn’t required for burglary
In a burglary charge, it’s not a requirement that the person arrested forced entry into the space. However, it is necessary to prove that they had prior intent in order to get a conviction. Here’s one example: A person puts their hand through an open window. Their only purpose for doing so is to steal a purse. That would be a burglary.
On the other hand, if a person decided to try and steal the purse after they already had their hand through the window, then the crime is actually theft. Regardless, if you’re accused of theft or burglary, then you need a criminal defense attorney who can help.
The consequences of a burglary conviction can be significant
In the event you’re convicted of burglary, you could be looking at as much as six years in prison. It all depends on whether the charge is first-degree or second degree burglary. A conviction of first-degree burglary involves the residence of a person and it is a felony charge. It does count under the three-strikes law of California.
On the other hand, second-degree burglary involves either a business or another structure that’s not a residence. This is a wobbler offense, which means that the prosecutor can choose to charge it as a misdemeanor or a felony.
You may have several defense options
The best way to handle your case will depend on the specifics of your case. One option is to show that you’ve been misidentified as the burglar. Whether you weren’t there at all, or you were there but you weren’t involved, we can work to provide a convincing defense.
Another option for a burglary charge is to show that you did enter the location but that you didn’t have any intent to commit a crime. Finally, we may show that you did take items but that you either believed you had permission to take them or believed that they were yours in the first place. Call Law Offices of Torrence L. Howell at 909-920-0908 today to find out more about the options for your specific case.
