Burglary is a serious crime that is taken seriously in the state of California. If you have been accused of burglary in Chula Vista, CA, then it is important to understand the law, the penalties, and the defenses available to you. In this article, we will discuss all of these topics in detail, as well as the impact that a burglary conviction can have on your record. Finally, we will explore how to choose the right legal representation to help you fight the charges against you.
Understanding Burglary Law in California
Burglary is defined as entering a structure with the intent to commit a theft or a felony. In California, burglary is divided into two categories: first-degree burglary and second-degree burglary. First-degree burglary is committed in an inhabited dwelling, while second-degree burglary is committed in any other type of structure.
To be convicted of burglary, the prosecution must prove that you entered the structure with the intent to commit a theft or a felony. This means that if you entered the structure without the intent to commit a crime, then you cannot be convicted of burglary. However, if you entered the structure with the intent to commit a crime, even if you did not actually commit a crime, you can still be convicted of burglary.
Penalties and Sentencing for Burglary Convictions
The penalties and sentencing for burglary convictions in California depend on the degree of the burglary and whether or not you have any prior convictions. First-degree burglary is a felony, and if you are convicted, you can face up to six years in prison. Second-degree burglary is a wobbler, which means that it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, you can face up to one year in jail. If charged as a felony, you can face up to three years in prison.
If you have any prior convictions for burglary or other serious crimes, then the penalties and sentencing can be even harsher. For example, if you have a prior strike conviction, then you can face 25 years to life in prison for a second-degree burglary conviction.
Common Defenses Against Burglary Charges
There are several common defenses against burglary charges in California. One defense is lack of intent. If you did not have the intent to commit a theft or a felony when you entered the structure, then you cannot be convicted of burglary. Another defense is mistaken identity. If you were not the person who entered the structure, then you cannot be convicted of burglary.
A third defense is consent. If you had the owner’s consent to enter the structure, then you cannot be convicted of burglary. Finally, if the prosecution failed to prove that you entered the structure with the intent to commit a theft or a felony, then you cannot be convicted of burglary.
The Impact of a Burglary Conviction on Your Record
A burglary conviction can have a serious impact on your record. It can make it difficult to find employment, housing, and even loans. It can also result in the loss of certain rights, such as the right to own a firearm. Additionally, a burglary conviction can lead to other collateral consequences, such as the loss of professional licenses and the revocation of parole or probation.
Choosing the Right Legal Representation
If you have been accused of burglary in Chula Vista, CA, then it is important to choose the right legal representation. You want a lawyer who has experience handling burglary cases and who understands the law and the defenses available to you. You also want a lawyer who will fight for your rights and who will work tirelessly to get the best possible outcome for your case.
When choosing a lawyer, you should look for someone who has a track record of success in handling burglary cases. You should also look for someone who is responsive to your needs and who will keep you informed throughout the process. Finally, you should look for someone who is affordable and who offers flexible payment options.
Conclusion
Burglary is a serious crime that can have a lasting impact on your record. If you have been accused of burglary in Chula Vista, CA, then it is important to understand the law, the penalties, and the defenses available to you. You should also choose the right legal representation to help you fight the charges against you. With the right lawyer by your side, you can protect your rights and fight for your future.