Being charged with burglary in Redwood City, CA, is a difficult situation. A conviction can lead to severe penalties, including fines, imprisonment, and a criminal record that can impact your life for years to come. If you or a loved one are facing burglary charges, having a knowledgeable and skilled attorney on your side is crucial.
Our California criminal defense attorneys are committed to providing aggressive and personalized legal representation. For help, contact Ahmed & Sukaram, Criminal Defense Attorneys at (650) 299-0500 to schedule a free consultation with a Redwood City burglary attorney.
How Ahmed & Sukaram, Criminal Defense Attorneys Can Help If You’re Arrested For Burglary in Redwood City
If you’re being charged with burglary in Redwood City, CA, working with a lawyer is the best way to fight back. Here’s how we can help:
- We will take the time to understand your situation and tailor our approach based on our investigation.
- We will provide compassionate guidance throughout the legal process, keeping you informed and involved every step of the way.
- We will negotiate with prosecutors to seek a plea deal that leads to reduced charges or lenient penalties.
If you’re facing a burglary charge in Redwood City, California, reach out for help as soon as possible. Contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a Redwood City theft crimes lawyer.
Overview of Burglary in California
Under California law, burglary is defined as the act of entering any structure with the intent to commit theft (grand theft or petty theft) or any felony. This encompasses residential homes, apartments, commercial buildings, shops, warehouses, vehicles, and more.
Upon entry, the individual must intend to commit theft or another felony, but there is no requirement that the entry involve force, violence, or physical breaking and entering. Burglary is divided into first and second degrees.
First Degree Burglary
First-degree burglary, also known as residential burglary, involves entering an inhabited dwelling with the intent to commit theft or a felony. This refers to structures designed for living, such as houses, apartments, condos, or any place where someone resides, even if the occupants are temporarily absent.
Second Degree Burglary
Second-degree burglary covers all other burglaries that do not involve inhabited dwellings. This includes non-residential structures, such as commercial properties like stores, offices, warehouses, or any structures not used as living spaces.
Understanding the distinctions between first and second-degree burglary is essential for recognizing the potential legal consequences and mounting an effective defense if charged.
What Are the Penalties For Burglary in Redwood City, California?
Penalties for burglary in Redwood City depend on whether the offense is classified as first-degree or second-degree burglary.
First Degree Burglary
First-degree burglary is always charged as a felony and is classified as a violent felony under certain circumstances. Penalties include a possible prison sentence of 2, 4, or 6 years. Probation is rarely given for first-degree burglary unless exceptional circumstances warrant leniency.
First-degree burglary is considered a “strike” under California’s Three Strikes Law. In many cases, accumulating three strikes can lead to a sentence of 25 years to life in prison after a third felony conviction.
Second Degree Burglary
Second-degree burglary is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony based on the specifics of the case. If charged as a misdemeanor, defendants face up to 1 year in county jail. If charged as a felony, possible penalties include 16 months, 2 years, or 3 years in prison.
Whether this crime is charged as a misdemeanor or felony will depend on a number of factors, such as the criminal history of the defendant, the value of any stolen items, and the overall circumstances surrounding the offense.
What Defenses Can Be Raised If I’m Arrested For Burglary?
Being arrested for burglary in Redwood City, California, is a serious matter, but there are several defenses that can be raised to challenge the charges against you. Below are some of the most common ones:
Lack of Intent
One of the key elements the prosecution must prove in a burglary case is that you had the intent to commit theft or a felony at the time of entry. If it can be shown that you did not have this intent when you entered the structure, you may have a valid defense.
Consent or Rightful Entry
If you had permission to enter the property or believed you had the right to enter, this could be a strong defense against burglary charges. Establishing consent can negate the element of “unlawful entry,” leading to an acquittal.
Mistaken Identity
You may argue that you were incorrectly identified as the person who committed the burglary. This can be used when there is little to no physical evidence linking you to the scene, or the identification is based on unreliable witness testimony or poor-quality surveillance footage.
Alibi
Providing evidence that you were somewhere else when the crime occurred can be a powerful defense. To use this successfully, you must have witnesses, receipts, or video evidence placing you at a different location during the time of the burglary. An alibi can conclusively demonstrate that you could not have committed the crime, leading to a not guilty verdict.
This is not an exhaustive list of defenses that can be used. To determine the best strategy, speak to a criminal defense lawyer right away.
Facing burglary charges in Redwood City, California, is an overwhelming experience. The legal system is complex, and the stakes are high, with potential penalties including significant prison time. If you’re facing charges, the best thing you can do is reach out to a criminal defense lawyer as soon as possible.
We are committed to fighting for you every step of the way to obtain a dismissal or a not guilty verdict on your behalf. Contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a Redwood City burglary attorney.