A Marin County Burglary Attorney Who Is on Your Side
If you have been charged with burglary, the best chance of getting a fair result is to talk to a lawyer as soon as possible. They can explain the charges you are facing, the potential outcomes, and help you find a way forward.
Burglary Defined
Under California law, burglary is defined as the act of entering into a building, residence, or other structure with the intent to commit theft or some other felony. It is important to understand that while burglary falls under the general category of theft, you can be charged with burglary even if you didn’t steal anything. For example, you could be charged with burglary in the following circumstances:
- You broke into someone’s home with the intent to assault them and cause them serious bodily injury.
- You broke into a building intending to steal copper wiring and pipes but left when you believed there was security present.
We should also know that you do not need to actually “break in” to a building in order to be charged with burglary. You can be charged with burglary for entering an unlocked or open building if you intended to commit theft or commit some other felony.
Is Burglary a Felony or Misdemeanor Offense?
There are two types of burglary charges under California law:
- First-degree burglary, which is a felony offense
- Second-degree burglary is a “wobbler” offense, meaning it can be charged as a felony or a misdemeanor.
First Degree Burglary
First-degree burglary is typically charged when the burglary involves a residential dwelling such as a home, apartment, or condominium unit. Note that you can be charged with first-degree burglary if the residence is unoccupied—all that is required is that it be designed for habitation purposes.
Second Degree Burglary
Similar to second degree robbery, second degree burglary is charged in any situations where first degree burglary does not apply. Second degree burglary would therefore be charged in cases where the burglary involved a commercial property or burglary of any property that is not residential in nature. As mentioned above, second degree burglary can be charged as a misdemeanor or a felony.
What Penalties Do I Face if Convicted?
The punishment that you will face will depend on the charges and the circumstances surrounding your case.
- First degree burglary: two, four, or six years in state prison and up to $10,000 in fines.
- Felony second degree burglary: 16 months, two years, or three years in county jail and up to $10,000 in fines.
- Misdemeanor second degree burglary: up to one year in county jail and a fine of up to $1,000.
Whether you are facing a felony or misdemeanor burglary charge, you deserve a fair outcome.
Talk to a Marin County Burglary Attorney Today
At Brownstein Law Group, we know your future is at stake when you are charged with a crime. We work tirelessly to ensure the best possible result in every case we handle. Contact us today to schedule a consultation to discuss your burglary charge and your options.