Dealing with burglary accusations can result in multiple possible outcomes, including detention in jail and payment of expensive fines. Therefore, anyone accused of the offense should know the legal steps to defend themselves against the prosecutor's claims. This is because the prosecutor is mandated to present a criminal matter on behalf of the aggrieved victim in seeking justice. Hence, working with a criminal defense attorney is advisable, as their input will be helpful during the trial. At California Criminal Lawyer Group, we work hard to ensure our clients receive the best criminal defense services according to each case requirement. Further, our team consists of well-trained attorneys who are well-versed with criminal justice practice procedures to benefit an accused person. Therefore, an accused person facing burglary charges in Santa Ana, California, is welcome to schedule a consultation with us for the required assistance.
The Nature of a Burglary Offense
Burglary falls under the broader theft crimes category. The classification arises from the characteristics of the crime, often associated with the act or intention of permanently depriving someone of their property.
Under section 459 of the California Penal Code, burglary is an offense involving entering an occupied or unoccupied structure or car to steal property, thus committing a form of theft crime as provided for in the Penal Code. Usually, suspects arrested for burglary will face felony or misdemeanor charges, depending on the case circumstances. This includes considerations on whether any aggravating factors were present when committing the crime, as they may change the course of prosecution significantly.
Understanding the nature of the offense as interpreted during trial is essential because it helps you determine the elements of the crime that the prosecutor will need to prove. Thus, you will be better equipped to defend yourself and counter the arguments presented by the prosecution team.
Elements of Crime for the Prosecutor to Prove in Burglary Cases
During prosecution, the criminal process followed in courts requires the prosecutor to handle your case systematically. Thus, the law imposes a burden of proof on the prosecutor acting on behalf of the state and the aggrieved party. This is based on the maxim that he who alleges must prove. In this case, since the state is responsible for presenting the claim, the prosecutor must prepare a lawsuit against you and ensure they offer sufficient proof.
Furthermore, the burden of proof will only appeal to the presiding judge or jury if the prosecutor meets the necessary standard of proof for criminal cases. The standard requires the prosecution team to show that the defendant is guilty beyond a reasonable doubt. Subsequently, the judge will only find you guilty if the prosecutor successfully proved your indulgence in all elements of the relevant crime.
Based on these requirements, the prosecutor handling your case must present credible arguments for each crime element and support their position with admissible evidence. Failure to do so successfully means that they will not have proved you are guilty. Ultimately, you will receive an acquittal or a significant sentence reduction at the judge's discretion.
Learning of the elements of crime related to burglary is crucial in helping you prepare your defense case because it serves as a reference point for the prosecutor's presentation. Therefore, you can anticipate their argument strategy and counter it with sufficient proof to increase your acquittal and case dismissal chances.
Thus, the following are the elements of the crime for the prosecutor to prove in burglary cases:
You Entered a Structure, Vehicle, Residence, or Building
The first element involves showing that you entered a building, structure, residence, or vehicle, as burglary involves gaining illegal access to enable the theft. Therefore, the prosecutor will have to show that the entry happened, paving the way for subsequent commission of theft crimes.
Entering as an act related to burglary should also be well defined to avoid any room for ambiguity. Based on previously decided cases, an accused will have entered premises if part of or their whole body penetrates the inside of the premise. It is noteworthy that penetrating parts of your body like fingers or half of your arm or foot will amount to entering where prosecution is concerned.
Moreover, entering may also occur when you use an object to access the inner section of the premises. For example, pushing a long stick through a window to steal something from inside a building amounts to entering where a burglary offense is in question. Since the prosecutor will put your actions to strict scrutiny, you San to ensure you receive full details of the evidence they intend to rely on in advance.
Moreover, you want to understand the definition of a residence to understand the scope of the offense during the trial. A residence may include a hotel or motel room, provided it was inhabited by persons vulnerable to theft. On top of this, an occupied boat, trailer, or a house floating on water are also considerable residences if a burglary occurs. Hence, your efforts to counter the prosecutor's accusations based on technicalities on the premises entered may be ineffective.
Since you are most likely to have entered an unauthorized area illegally, the prosecutor relies on evidence of forced entry or breaking in. For example, breaking a car window to unlock the door from the inside is a form of forced entry, as it shows you lacked the necessary permission to access the space. Similarly, picking the lock of a house or hotel room door also demonstrates efforts of forced entry, meaning that the prosecutor's accusations will be well-founded.
In court, footage evidence may form part of the prosecution team's presentation, especially if it shows you in action when trying to enter the location in question. Further, photographic evidence and exhibits of broken locks or tools used to enter the location are also admissible to prove that you entered the place.
It would help if you also remembered that anyone present in the area you entered could also testify against you as a state witness. Hence, you want to prepare your defense argument accordingly to ensure their statements do not catch you off guard. You also have a chance to listen in toto the witness testimonies and determine whether their account of events is accurate.
You Intended to Commit Burglary While Entering the Premises
Proving that the accused person had a criminal intent to break the law is also essential, as it ties up with the first element of the crime. Usually, criminal cases require the prosecutor to prove both the criminal act and the intention for the judge to find the accused guilty. As a result, the intention to commit an offense is a necessary element of the crime that the prosecutor must establish before closing their arguments.
Notably, establishing that you intended to commit grand or petty theft when entering the building requires an analysis of your actions. Therefore, you can expect the prosecutor to extract their argument based on the type of actions. For example, if you carried a bag or parked a loading truck before entering a building, you can infer your intention to commit theft.
Further, if you made plans with other persons not presently accused of an offense, they may appear in court and testify against you. Their testimonies may reveal your plans to accomplish the theft after breaking in, demonstrating your criminal intention.
Sometimes, the prosecutor may also rely on circumstantial evidence to prove that you had the intention to commit an offense. This will vary from case to case, depending on the findings revealed after complete investigations.
You should note that the element of intent to commit theft is crucial, as it is enough to prove your involvement in the burglary. This means that you may be convicted of the offense even if you were unsuccessful in stealing the intended items, provided the intention was present. Therefore, your criminal defense attorney should work keenly in disproving this element of the crime as it may be pivotal to your sentencing or acquittal.
You Entered an Uninhabited Commercial Building or a Non-Commercial Building
Thirdly, the prosecutor must prove the type of building you entered and its significance to the overall crime to solidify their case against you. Doing so will help tie up the first two elements of the crime with the possible effects that the victims faced based on the facts. Therefore, the prosecutor's presentation depends on the specific facts in your case, as they need to prosecute for either entering a commercial building or a non-commercial establishment.
If you face accusations for entering a commercial building, it must have occurred while nobody was around, meaning that the building was unoccupied. This is because burglary offenses require the accused to have had an intention to commit theft. Naturally, efforts to steal while people are around will be unsuccessful as they are likely to raise the alarm and stop you from your actions.
Hence, the judge can make a rightful assumption that you lacked the intention to steal if you entered the commercial building while it was occupied. Ultimately, reaching this conclusion may save you from facing penalties as you will be found not guilty of the offense.
Conversely, you may have faced accusations for entering a non-commercial structure like a home, vehicle, or boat. If so, the presence or absence of an occupant may not determine how your case concludes. This is because you may have the capacity to enter and restrain the homeowner, meaning that you can attack their premises.
Subsequently, entering the non-commercial building without permission is sufficient proof of your intention to commit theft. Hence, you want to remain keen on the prosecutor's approaches in presenting this crime element to ensure the case facts align with what happened.
Thirdly, the prosecutor should also consider instances where an accused person successfully entered and committed theft without witnesses to prove their entry. If so, the prosecution team will focus on retrieving the stolen items to establish the integrity of their case further.
On top of this, they will need to show that the stolen item was worth more than $950, meaning you engaged in grand theft according to the Penal code provisions. Sources of information regarding pricing stolen goods include market value or receipts from the victim of the offense. Presenting the details will further help the prosecutor's case and increase the chances of being convicted. Nevertheless, you can raise defenses to counter the prosecutor's position where you strongly believe the case facts were wrongly presented.
Defenses Applicable to a Burglary Offense
Although the prosecutor may present a persuasive case against you, the court also affords all accused persons a chance to present their defenses. This is in line with the need to uphold a fair hearing before conviction. Subsequently, you want to prepare adequately for the defenses you intend to raise against the prosecutor for the best chances of obtaining a favorable case outcome.
Your criminal defense attorney is well equipped to help you prepare your defenses by sourcing evidence and going over important case facts with you. Nevertheless, your input is necessary during the preparation process, as you may have additional information to offer that the attorney may be unaware of. Therefore, working closely with your lawyer is advisable for a cohesive case outcome.
Common defenses applicable for a burglary charge include:
You Did Not Intend to Commit Theft
Firstly, you can rely on the defense of lack of intent to show that the accusations against you were brought unfairly or without proper investigations. When relying on this argument, your main point to prove is that you lacked criminal intent, meaning that your actions were based on entirely different motives than you are accused of.
For example, if you worked in a building where you are accused of entering illegally, you can present your work documents to prove your place of work. This way, you can build your credibility 9n the reasons for your re-entry into the premises, especially if you entered after working hours with nobody else on the premises.
Additionally, you can call on witnesses to testify about your lack of intention by proving that you entered the place in question for different reasons. Thanks to their testimony, you will have cast reasonable doubt on the prosecutor's case, meaning that their chances of success are limited. Furthermore, the prosecution team will need to disprove your newly introduced theory in cross-examination. Nonetheless, your chances of a successful case outcome are better when you present the defense with good evidential sources.
You Did Not Enter the Premises in Question
You may also dispute facts related to your entry into a building to cast reasonable doubt on the prosecutor's case. You will have disrupted a significant point of the prosecutor's argument strategy because entering is a necessary element to prove for you to face conviction.
You can adapt the plan to negate the prosecutor's initial case facts when presenting your case. However, going further to show new details that can support your denial of having entered the premises is essential.
For example, if facts raised by the prosecutor showed that you tried to enter the premises through a window, you can dispute the details by presenting your version of events. For example, you may have been trying to close or secure the window, which was mistaken for entering using your hand. You also want to present evidential support to your claims to help with credibility.
You Were a Victim of Police Misconduct
Although law enforcement officers are tasked with ensuring that fair procedures prevail during investigations and case preparation, some may indulge in police misconduct. Consequently, you may become the victim of their misconduct depending on the form of malpractice subjected to you.
Firstly, misconduct may occur by forcing an arrested suspect to confess to the wrongdoings, especially if they do not have a lawyer present. This can be detrimental to their trial case, as the confession is primary evidence of their guilt. A trial may not even occur in some cases because the prosecutor will not need to prove that the accused person is guilty. Due to the misconduct, you may be forced to confess even when you are genuinely innocent of the crime. This results in facing unfair consequences that are regressive to your life.
Alternatively, police misconduct may occur whereby the officers in charge of your case fabricate or plant evidence to frame you for burglary. This is common where the officers collude with third parties intending to cause innocent parties unwarranted suffering. Since police reports and findings serve as the prosecutors' main reference point, you are more likely to face trial under unjust terms.
Thus, you want to report any form of police misconduct you may have experienced to your criminal defense attorney as soon as possible. Through their private investigations, they may retrieve details to support your defense and help you avoid facing wrongful convictions. Further, you should note that accusing an officer of misconduct is considered severe, as it may result in their dismissal. Hence, you want to ensure that your claims are valid and that no harm will occur to innocent parties.
There Was a Mistake of Fact
Your case may have also been filed based on a mistake of fact. For example, if the person who reported or arrested you for burglary was under the wrong impression about your actions, their reports will also be founded on mistakes. Consequently, you want to go through all relevant case facts to determine that they align with the actual events as you remember them.
Upon finding any inconsistent facts, you can rely on the defense of mistakes to help you avoid a wrongful conviction. If your case involves mistaken identity, you can also present an alibi that removes you entirely from the possibility of having committed the crime. Doing so will absolve you of all criminal charges if you are successful.
Penalties for Committing Burglary
The penalties issued to persons found guilty of burglary vary depending on whether you committed first or second-degree burglary.
Penalties for First Degree Burglary
A first-degree burglary charge involves persons who entered a residence. If found guilty, you will face a felony charge attracting two, four, or six years in state prison. Alternatively, the judge may issue a fine penalty of $10,000.
Penalties for Second Degree Burglary
Second-degree burglary involves entering a commercial building or any other establishment that is not a residence. Guilty parties may either face misdemeanor or felony charges.
As a misdemeanor, you may face up to one year in county jail or a fine payment of $1000. Summary probation is also an option available in place of serving time in jail.
As a felony, you may face up to three years in county jail or a fine payment of $10000.
Alternatively, you may receive felony probation orders that you must observe until your probation officer clears you. Since probation terms may vary, you want to check with your criminal defense attorney to ensure you have all the information to complete the probation successfully. You should also note that felony probation imposes stricter requirements on you, and failure to meet them results in reinstating a jail sentence. As a result, remaining accountable throughout the probation period is necessary.
Contact a Santa Ana Criminal Defense Attorney Near Me
When you or a loved one is accused of committing burglary, you want to consult a criminal defense lawyer as soon as possible. Doing so will help you prepare the best defense strategies available for use when the trial begins, leaving you in a more advantageous position that increases your chances of a favorable case outcome. A reasonable attorney should be reliable and available to conduct thorough research in sourcing evidence and preparing solid defenses. With California Criminal Lawyer Group, you can look forward to working with some of the best criminal attorneys helping clients accused of burglary in Santa Ana, California. Over the years, our skills and expertise have grown, giving us all the necessary tools to prepare strong defenses on our clients' behalf. For more information, contact us today at 714-844-4151.
