Wednesday, October 17, 2012

Orange County Burglary: What The DA Must Prove

Law Offices of EJ Stopyro
Orange County Criminal Defense Lawyers
Burglary Attorney in Orange County

Burglary is defined by Section 459 of the California Penal Code. Under this statute, when a person enters a structure of just about any kind with the intent to commit theft or any felony within that structure, they have committed a burglary. Furthermore, as any Orange County criminal defense lawyer will tell you, if the structure is one where people live, then the burglary is a first-degree burglary and, under section 461 of the California Penal Code, is a felony and is punishable by up to six years. Even worse, your burglary attorney in Orange County will tell you that Penal Code Section 462 says that probation shall not be granted where a defendant is convicted of burglarizing an inhabited dwelling house.

The crime of burglary is complete once a person merely enters a structure or vessel with the intent to commit theft or a felony. The fact that the person never gets a chance to commit the theft or felony is immaterial to convict the person of an Orange County burglary. So, for example, if a person enters a store with a specially designed bag used to smuggle stolen items out of the store, and the person is caught stealing, this person will most certainly be charged with burglary and will need the services of an Orange County criminal defense lawyer. The specially designed bag will be enough to prove that the person intended to commit a theft when they entered the store. Without the specially designed bag the DA would have a difficult time showing that the person entered the store with intent to steal and the defendant’s criminal defense attorney in OrangeCounty would probably settle the case for a petty theft conviction.

Burglary also requires that the person ENTER the structure. But any entry, however slight, will be sufficient to convict someone of an Orange County burglary. For example, in the recent case of People v. Yarbrough (7/19/2012) the defendant climbed up to the outer railing of a second-story balcony, with his hands gripping the top railing and his shoes protruding underneath. Despite the efforts of the defendant’s Orange County burglary attorney, the California Supreme Court held that the railing of the balcony marks the apartment's outer boundary and the slightest crossing of that boundary is an entry for the purposes of the burglary statute. The defendant was convicted of first-degree residential burglary.

If you are facing charges for an Orange County burglary,theft, assault & battery, drug possession, domestic violence, or drug sales or any other crime in Orange County you must consult with a criminal defense lawyer in Orange County. Call the Law Offices of EJ Stopyro at (949) 559-5500 to speak with an OrangeCounty criminal defense attorney today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro
Burglary Defense Lawyer in Orange County
Orange County Criminal Defense Attorneys

 

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