Burglary Defense Lawyer in Riverside
What Is Burglary in California?
Burglary and robbery are two different crimes. Generally speaking,
robbery is committed when an individual unlawfully takes something that belongs
to someone else. Robbery is only committed if the individual intends to
keep what they have taken. On the other hand, burglary occurs when an
individual wrongfully enters someone else's home with the intention
to commit a crime. For example, burglary might be committed when an individual
breaks into an apartment with the intention of stealing the resident's jewelry.
A robbery conviction relies on the intention of the perpetrator. The suspect
must specifically intend on taking and keeping something that doesn't
belong to him/her. When individuals take something that doesn't belong
to them with the intention of keeping it, they may have committed robbery.
If the suspect can demonstrate that he/he didn't intend on keeping
the item, he/she may not be convicted of robbery. Robbery is considered
a felony. Additionally, robbery can only be committed in the presence
of the person who owns the property.
In other words, if one individual steals something form another person
when they aren't there, robbery has not been committed. Usually, property
must be taken from a reasonable distance to qualify robbery. Thus, if
an item is stolen from someone's house when he/she is in the other,
the perpetrator may still be accused of committing robbery. However, if
the owner of the property isn't in the house, the perpetrator may
be guilty of a different crime. Unlike robbery, burglary occurs when an
individual intends on creating a
theft crime inside another person's dwelling.
For example, if an individual breaks into his friend's house to make
an emergency phone call but decided to steal some jewelry while inside,
he/she may not be guilty of burglary. If caught, the suspect may be accused
of theft instead. It is easy to confuse larceny and burglary with each
other. Unlike burglary, larceny does not require that the individual broke
into a structure. In order to be convicted of burglary, law enforcement
must be able to demonstrate forceful entry of someone else's home
or building. Larceny does not require this; and is usually considered
a lesser offense than burglary or robbery.
Burglary can only be committed in an empty residence. In other words, your
house cannot be burglarized when you are home. In some states, burglary
can only be committed at nighttime. In 2009, millions of burglaries were
reported across the United States. If you are afraid of thieves breaking
and entering your home, there are a variety of precautions you can take
to make prevent burglars from entering your home while you are gone and
stealing your property.
Burglars are less likely to break into well-lit homes. Because they want
to be able to enter and exit the building without drawing attention to
themselves, installing motion-sensitive lights in your house may deter
potential burglars from entering the dwelling. A motion sensor light installed
on the outside of your house may be particularly effective. If your house
has an alarm system, make sure that you set it when you leave. If you
plan on leaving for vacation, ask your neighbor to collect you newspapers
and mail for you; criminals know that you aren't home if your mailbox
has more than one day of mail in it.
What Are the Penalties for Burglary?
According to the California Penal Code, burglary may be committed in the
first or second degree. Any burglary that involves entering an inhabited
home or inhabited vessel is burglary in the first degree. All of other
types of burglary are committed in the second degree. According to state
law, first degree burglary is punishable by imprisonment in a state prison
for two, four of six years. Second degree burglary is punishable by one
year of incarceration in a county jail. Typically, probation is not granted
to individual who have committed second degree burglary.
Accused of Burglary? Contact Our Riverside Burglary Attorneys!
At Hanson, Gorian, Bradford & Hanich, we are dedicated to
criminal defense. Facing any criminal charge can be frustrating and intimidating. If you've
been accused, you probably have a lot of questions: Do I need a lawyer?
What happens if I'm convicted? Our Riverside burglary lawyers are
ready to help you understand your legal circumstance so that you can make
an educated decision about your legal future. If you are found guilty
of burglary, you may have difficulty escaping the stigma of a conviction.
To see what an attorney from our firm can do for your case,
contact us today so we can begin working on an aggressive and effective case strategy
to keep your record clean.