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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