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Residential Burglary Lawyer Orange County
If you have been arrested for Residential Burglary in Orange County, then you are going to have many questions. The team of attorneys at The Atias Law Firm can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. Residential Burglary is essentially entering any residential building or room with the intent to commit a felony or a theft once inside. If you have been charged with Residential Burglary in Orange County, please contact our firm to schedule a free consultation regarding the arrest, charges and allegations. “Residential Burglary” as it is commonly known, is unfortunately a charge that can be misconstrued or alleged by the Police under a very wide variety of circumstances and facts that may not truly be a Residential Burglary as defined by California State Law. The Attorneys at The Atias Law Firm know how to decipher and construe each element of that offense to make sure that zealous police officers and trumped up charges will not ultimately lead to a lengthier prison term or jail sentence than may be required, if any based on a case by case basis and the facts presented. Our attorneys work hard to differentiate the fine details to help prove that simply because a police officer may have arrested you for that crime… it may not be the crime committed. I cannot stress that point enough, just because you are charged with a certain offense does not mean that is the offense you may have committed. Let’s examine the actual statutory law, the possible reductions to other lesser offenses, the penalties and finally the full on legal defenses.
Residential Burglary Orange County Penal Code 459The Law for Residential Burglary is set out in California Penal Code Section 459. For the Orange County District Attorney’s Office to prove that a defendant is guilty of Residential Burglary, the Prosecutor must prove the following:
- The defendant entered a residential building, room within a building, locked vehicle or structure;
- When they entered that building, room, vehicle or structure, they intended to commit either a California felony or a California theft; and
- One or more of the following things is true: The value of the property that the defendant stole or intended to steal was more than nine hundred fifty dollars ($950);
- The structure that the defendant entered was not a commercial establishment; OR
- The structure that the defendant entered was a commercial establishment, but the defendant entered it outside of business hours.
Reducing A Residential Burglary Charge To A Lesser ChargeCalifornia Burglary law is divided into “first-degree Burglary” and “second-degree Burglary.” Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree. Therefore, residential Burglary will always be charged as “first-degree burglary”. Circumstances may allow the Prosecutor to charge you with Trespassing instead of Residential Burglary. These circumstances include that the prosecution lacks evidence of the intent to commit a crime. Our Residential Burglary lawyers in Orange County aggressively challenge any allegations of great bodily injury. California’s great bodily injury enhancement imposes a three to six-year prison sentence in addition to the penalty for a Residential Burglary conviction. If we can show that the injuries are not as severe as alleged, then we may be able to keep you out of state prison.
Will I Go To Jail?
Possibilities & Penalties For Residential Burglary In Orange CountyThe consequences of a PC 459 Residential Burglary will always be charged as first-degree Burglary. First-degree Residential Burglary is always a felony in California law. The punishment for first-degree Residential Burglary may include:
- Felony (formal) probation;
- 2 years, 4 years or 6 years in California state prison; and/or
- A fine of up to $10,000.
- First-degree Residential Burglary also counts as a “strike” offense under California's “Three Strikes” law.
- Great bodily injury inflicted in the commission of the crime.
- Using a Gun to commit the offense.
Legal Defenses to Residential Burglary in Orange CountyThe Atias Law Firm’s Defense team of skilled lawyers located in Orange County, CA have over 20 years combined experience, therefore we know the defenses that may help get your Residential Burglary charge dismissed. There are several defenses to Residential Burglary in Orange County, however the applicability of those defenses depends on the facts of your case.
- For if you are victim of false accusations. Because Residential Burglary laws in Orange County can be complex, it is possible to be victim of false accusations.
- Another defense is lack of willful intent. If there was a lack of intent to commit a crime, there is no violation of PC 459.