Burglary Defense Attorneys

The attorneys at the Law Offices of McGregor & Ernenwein are highly experienced in defending clients accused of burglary crimes. The firm of McGregor and Ernenwein practices certified specialist criminal law defense throughout the state of California. If you or someone you know has been charged with burglary, call an aggressive criminal defense attorney at McGregor and Ernenwein today.

California Penal Code 459 states that breaking into any building with intent to steal is considered a felony. To charge you with a felony, the state only has to prove that you entered a building with the intent or purpose to steal. None of the alleged stolen items need to be recovered to bring a case against you. There are two types of burglary: first degree and second degree burglary.

First Degree Burglary

Typically, a first degree burglary takes place in an occupied residence, such as a home. If found guilty for first degree burglary, the guilty party may be placed on probation or may serve a prison sentence for a maximum of six years. In California, a burglary is a "strike," which requires the guilty party to serve 85% of the sentence. Strikes always affect the amount of time the guilty party must be imprisoned, with each strike prolonging the term of imprisonment. If you are convicted of a third strike, you may be issued a life sentence.

Second Degree Burglary

Generally, a second degree burglary takes place in an unoccupied building, and is commonly referred to as a "commercial burglary." If you walk into a store with the intent to steal merchandise, you can be charged with second degree burglary. If the items stolen amount to under four hundred dollars, the charge will most likely be a misdemeanor. If the stolen goods amount to over four hundred dollars, the charge will most likely be filed as a felony. In California, commercial burglary is not a strike, and in many cases the sentence can be reduced.

The accomplished criminal defense attorneys at McGregor & Ernenwein have been protecting the rights of the accused since 1987. If you or a loved one has been accused of theft, an experienced defense attorney at McGregor & Ernenwein can defend you and help prevent your incarceration. Call us today for a free consultation.