Burglary Charges: What Are The Penalties And How To Fight Them?
A burglary happens when a person enters the building, house, vehicle, cargo, vessel, or other premises without consent and intending to steal something or commit any felony or crime. The burglary can happen without taking another’s property, as opposed to robbery, carjacking, or theft. Are you charged with Burglary crime? Do not waste your time. Get in touch with an experienced and qualified Encinitas criminal defense attorney.
Once you know what the possible consequences for the burglary crime are and how you can fight them to prove you are innocent will help you to stay strong in court. Even a first-degree burglary crime can have severe penalties. Due to this, it is vital to have good legal protection by hiring the best Encinitas criminal defense attorney. Such an burglary attorney will assist you with the legal defense against your charges.
What are the possible penalties for burglary charges in Encinitas?
After gaining a basic idea about what burglary charges are, you need to know more about the possible penalties you can face. The first thing you need to know is first-degree burglary carries high penalties. On the other hand, second-degree burglary charges are a bit lenient.
First-degree burglary penalties
In California, first-degree burglary is always considered a felony. The consequences of such charges can be jail time in the state prison for around two to six years. Apart from this, the possible consequences can be a fine of around $10,000 and formal probation.
Second-degree burglary penalties
As per California law, burglary in the second degree is a wobbler offense. It is an offense that can be charged in two ways that is felony or misdemeanor. The felony charges include a possible jail sentence of around 15 months to three years, a fine of up to $10,000, and felony probation. The misdemeanor second-degree burglary penalties involve a maximum jail sentence of one year, summary probation, and a fine of $1,000.
How to fight burglary charges?
With the above information, you know the severity of the consequences of both first and second-degree burglary charges, so you need to understand how to fight them. There are a lot of legal defense mechanisms an expert Encinitas criminal defense attorney can apply to prove your innocence in the burglary case.
The following are some of the common strategies an Encinitas criminal defense attorney can implement:
Lack of intent
Intent is the most crucial thing when it comes to burglary cases. If there was no intent to rob or commit a crime when entering the property, it refers; one cannot be proven guilty of burglary.
Mistake of fact
Mistake of fact is to some extent same as the lack of intent for committing a serious offense. In the mistake of fact precedent, one cannot be guilty if you entered the home of another person to take back the possession, which once belonged to you, and if you thought that you have the right to take the item back that belonged to your before.
Police misconduct
At times, police want to solve the case as soon as possible. In such a situation, the police can violate your rights. If you prove police misconduct, it helps you to file a pitches motion against the police officer. When such a pattern of misconduct is proved, the case is dismissed. Some instances of misconduct are asking the witnesses misleading questions, violating the Fourth Amendment, planning and planting evidence, and forceful confession.
Factual innocence
Proving that you did not commit burglary is one of the best defenses one can use. The fact is that a person can get arrested for a crime he did not commit. It can be due to numerous reasons like misleading evidence, false accusations, and mistaken identity.
Who is the qualified and leading Encinitas criminal defense attorney?
Understanding the possible penalties involved in burglary and how to fight them is a crucial step for preparing your defense. But, it is not the only way to prepare for defense. Learn about the various kinds of burglary, the concerns people have about burglary and more about burglary-related offenses. With this, you will get in-depth knowledge regarding burglary, and accordingly, you will be well prepared. Most importantly, find a reputable Encinitas criminal defense attorney.
One of the best options for fighting burglary cases is Vikas Bajaj and his team at The Law Office of Vikas Bajaj. Vikas Bajaj is an expert Encinitas criminal defense attorney who has spent long years assisting people to fight for their rights. He helps people to prove their offenses irrespective of the criminal case. Give us a call today and schedule an appointment with us to discuss your burglary case and know the legal options available for you.
