If you’ve been charged with burglary in violation of Penal Code 459, you may be feeling overwhelmed and confused. You may have questions like, what is burglary? What are the potential penalties? What are the defenses to burglary? At the criminal defense Law Office of Nic Cocis in Murrieta, California, we are here to answer your questions and provide the experienced legal defense you need.
Burglary, or breaking and entering, is defined under California Penal Code 459 as entering a building or structure of another with the intent to commit a felony or theft once inside. This means that if you enter a building or structure with the intent to commit any crime, you can be charged with burglary. Burglary is considered a serious crime and is a “strike” under California’s Three Strikes law.
The potential penalties for burglary in violation of Penal Code 459 depend on the facts of the case. Generally, burglary is charged as a felony, punishable by up to three years in state prison. However, if the building or structure entered was a residence, the penalties can be increased to up to six years in state prison.
Fortunately, there are various defenses to burglary in violation of Penal Code 459. First, you may be able to argue that you did not have the intent to commit a crime once you entered the building or structure. Second, you may be able to argue that you had permission to enter the building or structure. Finally, if you are charged with residential burglary, you may be able to argue that you did not intend to commit a felony or theft once you were inside.
At the criminal defense Law Office of Nic Cocis, we understand the serious nature of burglary charges and are here to help. Our experienced attorneys are prepared to fight for your rights and get the best outcome for your case. If you’ve been charged with burglary in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester or Hemet, we encourage you to contact us today for a free consultation. We can help!