A first-degree burglary conviction in California can have devastating consequences and impact your life in numerous ways.
This type of crime is a felony offense in the state, and it can leave you facing a prison sentence and serious fines. You may also face the possibility of having a criminal record for the rest of your life, which can impact your professional and social life.
If you’ve been charged with burglary, it’s essential that you receive assistance from criminal defense attorneys as soon as possible. At Elite Criminal Defense, our team has over two decades of experience helping people who are facing criminal charges of all types. Learn more about the legal consequences of a first-degree burglary conviction in California and how criminal defense attorneys can help.
What Is First-Degree Burglary?
Under Penal Code 460 PC, unlawfully entering another party’s residential structure with the intent to commit theft or a felony offense is a crime. It is a first-degree felony.
To be considered first-degree residential burglary, the prosecution will have to demonstrate that you entered an inhabited dwelling. This could mean a house, floating home, trailer home, or vessel. The penal code’s actual words are an “inhabited dwelling house,” which is a very broad term and could further include:
- An attached garage
- A tent
- An occupied hospital room
- An occupied hotel room
- A common-area laundry room
- A recreational vehicle
A dwelling’s poor condition does not play a role in being charged with a 460 PC first-degree burglary. Even if the structure is missing window panes or a door, for example, you can still be charged with burglary if you enter it with the intent to commit theft.
The dwelling is also considered to be inhabited even if there is no one inside at the moment of the alleged burglary. A dwelling is also inhabited if the residents leave because of an evacuation order. It’s not considered inhabited, however, if the former residents have moved out and aren’t planning on returning.
The prosecution must also prove that you entered the property in some manner, whether by picking a lock or breaking a window. California burglary laws further require that the prosecution prove your intent to commit a felony offense such as theft.
It’s important to remember that the crime is complete at the moment of entry if the intended crime is burglary, whether the accused actually committed the theft or not.
Commercial burglary, on the other hand, is second-degree burglary, which means less severe consequences. It involves entering a commercial building or a locked vehicle. This kind of burglary is considered a wobbler offense. This means that it could be either a felony or misdemeanor, dependent on the court’s discretion.
A misdemeanor would mean up to one year in county jail, while a felony second-degree burglary could mean up to three years in county jail.
Penalties for First-Degree Burglary Conviction in California
A first-degree burglary conviction in California is always a felony, and it can be punished with a maximum of six years in state prison. You can face fines of up to $10,000.
Something to remember about a first-degree felony offense is that, under California laws, it’s a strike offense. Under the Three Strikes Law, a second offense can result in a doubled sentence, and a third strike could mean a life sentence in a California state prison.
If someone was in the dwelling at the time of the alleged burglary, this is seen as a violent crime. If convicted, you’d be required to serve at least 85% of your sentence before being eligible for parole.
Being convicted of a PC 460 first-degree residential offense or any felony crime would mean having a criminal record, which will impact you for the rest of your life. A criminal record could make it more difficult to find a job since employers might not hire people with a record.
Additionally, residential burglary is a crime of moral turpitude, which can put you at risk of losing any professional licenses you have.
A conviction can also mean not having access to housing. Landlords often don’t want to rent to those who have criminal records. You will also not be able to apply for federal housing or for any federal loans, which could also mean not being able to return to school.
Receiving a conviction of first-degree residential burglary could also impact child custody issues if you’re getting a divorce, as well as your immigration status if you’re not a citizen.
Whether you’re accused of burglary of a commercial or residential structure, it makes little difference to how people view ex-convicts. There’s a social stigma attached to having a record, which could put significant pressure on relationships and your overall quality of life.
Defenses to a First-Degree Burglary Charge
If you’re facing residential burglary charges, a criminal defense law firm can help you fight for your future and your freedom. The legal consequences of a first-degree burglary conviction in California are too severe to combat on your own.
When you hire dedicated lawyers, you can fight the charges with personalized defenses created by experienced professionals.
Lack of Intent
The California penal code is clear in the need for the prosecution to prove there was intent to commit theft or a felony before you entered the property. If the intent to steal property developed once you were already inside or if there was no intent at all, then that could be used as a defense. You could be charged with breaking and entering but not with residential burglary.
Not an Inhabited Dwelling Place
It’s also possible to claim that the public or private structure you entered was not an inhabited dwelling place. If the location was under construction, vacant, or not being used as a place of residence, you may be charged with second-degree burglary instead of first-degree residential burglary. That’s a significant reduction in penalties.
Consent to Enter
If you had consent to enter the property, either from the owner or occupant, then you can’t be legally charged with 460 PC first-degree residential burglary. That’s the case even if you committed a crime inside.
Insufficient Evidence
Remember that it is up to the prosecution to prove the charges beyond a reasonable doubt. They have the burden of proof. In many instances, there may not be enough evidence to put you at the scene of the alleged burglary.
If there is evidence against you, your attorneys will carefully assess how it was gathered. If the police searched your home for stolen items, for example, and they didn’t have a warrant to do so, we can have this evidence thrown out. That could be enough to get the charges dropped or reduced.
We’ll also look into the chain of custody. If there isn’t appropriate documentation to show where the evidence was from the moment it was collected to when it appears in court, we can also use this to defend you. Without a strong chain of custody, there’s no way of knowing if the evidence was actually collected as law enforcement said it was or if it was introduced later.
In instances when there are witnesses, your lawyers will verify that their testimonies are accurate. If there are inconsistencies, our team can bring further doubt into the prosecution’s case.
Mistaken Identity
If you were somewhere else when the crime took place, we can use this to help fight the charges. It’s common for people to mistake one person for another, so if you have an alibi, we can use that to get your charges dropped or, at the very least, to cast doubt on the prosecution’s allegations.
Violation of Civil Rights
We’ll closely investigate your arrest and your time with law enforcement. If you were not given your Miranda Warning correctly, or at all, anything that you said to the police could be thrown out because your rights were not respected. If you asked for an attorney and you weren’t provided with one in a timely manner, that is also a violation of your rights.
Additionally, if you weren’t treated correctly while in custody, that can be a violation of your rights that we can use on your behalf.
Fighting the Charges With Our Experienced Attorneys
Being charged with any crime can leave you terrified and unsure of what your options are. A residential burglary conviction is not petty theft; you could spend years behind bars and, even after you serve your time, carry a criminal record behind you.
To have a chance to fight the charges, you need an experienced criminal defense law firm by your side. At Elite Criminal Defense, we provide the aggressive representation you deserve to help you avoid some of the worst penalties. Our two decades of experience and our fierce dedication to our clients make us a dependable group of attorneys.
We know how difficult going through this moment in your life is, so you can always expect to be treated with compassion and respect. From the moment you step into our offices, we’re on your side.
If you’ve been charged with first-degree residential burglary in California, don’t wait to contact experienced criminal defense lawyers to represent you. Call us to learn more about how we can defend you.
