Oakland Burglary Lawyer
Experienced Defense Against Burglary Charges in California
Burglary is considered a serious crime in California, and it can land you in jail or prison if you are convicted. The penalties for burglary can be even more severe if you have previous convictions. At Demetrius Costy Law, our Oakland burglary attorneys are prepared to fight aggressively on your behalf.
Call Demetrius Costy Law today at (510) 254-3945 or contact us online to schedule a consultation with our burglary attorney in Oakland.
What is Burglary?
Burglary is considered a serious criminal offense in California, and it involves unlawfully entering a building or property with the intention to commit theft or another felony once inside. It is important to note that burglary charges can be filed even if the intended theft or felony is never actually carried out. The key elements of burglary are:
- Entry: The defendant must have entered a building or property without permission.
- Intent: The defendant must have intended to commit theft or another felony once inside.
Burglary is categorized into two degrees in California: first-degree burglary and second-degree burglary.
- First-degree burglary: This involves breaking into a residential dwelling, such as a house or an apartment. It is considered a more serious offense and carries harsher penalties.
- Second-degree burglary: This covers all other types of burglary, such as breaking into commercial buildings or vehicles. It is typically considered a less severe offense compared to first-degree burglary.
What are the Penalties for Burglary in California?
The penalties for burglary in California can be severe, with potential consequences including fines, probation, and even imprisonment. The specific penalties you may face depend on various factors, including the degree of burglary, any prior criminal record, and the case circumstances. Here is an overview of potential penalties:
- First-degree burglary: If convicted of first-degree burglary, you may face imprisonment for up to six years in state prison. In some instances, the sentence can be increased if certain aggravating factors are present.
- Second-degree burglary: Second-degree burglary is generally a wobbler offense, which could be charged as a felony or a misdemeanor. The penalties can range from probation to imprisonment in county jail or state prison, depending on the circumstances.
Defenses Against Burglary Charges
Here are some common defenses against burglary charges:
- Lack of intent: The prosecution will need to prove that you intended to commit theft or another felony once inside the property. Your charges may be reduced or dismissed if there is insufficient evidence of intent.
- False accusations: In some cases, individuals are wrongfully accused of burglary due to mistaken identity or false allegations. We can investigate the circumstances and gather evidence to establish your innocence.
- Illegal search and seizure: If law enforcement violated your Fourth Amendment rights by conducting an unlawful search or seizure, the evidence obtained may be inadmissible in court, leading to a potential dismissal of charges.
- Alibi: Providing evidence that you were not at the scene of the burglary at the time of the alleged crime can be a powerful defense strategy.
- Insufficient evidence: The prosecution must present strong evidence to secure a conviction. If there are weaknesses in their case, our attorney can challenge the evidence and argue for a reduction in charges or a dismissal.
Contact Our Burglary Attorney in Oakland Today
Demetrius Costy Law is here to advocate for you and provide you with the legal representation you deserve. Our burglary lawyer in Oakland will review the details of your case, explain your rights, and work tirelessly to reach the best possible result for you. Call us now to get started on your defense.
Contact Demetrius Costy Law today to get started with our Oakland burglary lawyer.