Yes, the state of California considers residential burglary a felony. This means that individuals can face prison time and fines for a conviction. Residential burglary can also count as a “strike” on your criminal record in Los Angeles.
The court system also uses the term “first-degree” burglary to refer to a residential burglary. You can learn more about residential burglary charges during a free consultation with Simmrin Law Group.
How a Lawyer Can Help You Handle Residential Burglary Charges
You can get help fighting felony charges for residential burglary. A burglary lawyer in Los Angeles can take charge of your defense right now. Members of our team may use several defenses for the charges you face. We may argue that:
- You did not enter a residential property.
- You didn’t intend to carry out petty theft or a felony.
- You only took items from a property that belonged to you.
We will work to get your charges reduced or even dismissed. We will answer any questions you have about the legal process. We will take your case to trial iif necessary.
Services a Residential Burglary Attorney from Simmrin Law Group Will Provide
Attorney Michael Simmrin and his team understand defenses that may apply to your residential burglary case. In addition to our legal knowledge, we provide services that you’ll need, including:
- Completion of paperwork and other case-related duties: The legal process is a technical one. We’ll handle paperwork, communications, and other labor-intensive aspects of your case. These are the day-to-day responsibilities that aren’t glorious, but are essential to a strong defense.
- Collection of evidence and witness accounts: We will build your defense with evidence, witness accounts, and any other resource that benefits your case. Our attorneys weave these resources together into a comprehensive defense.
- Defense of your rights: Prosecutors and law enforcement may seek a conviction by any means. As your attorneys, Simmrin Law Group will protect you from manipulation, deception, and other threats to your rights.
- Hiring of experts: Experts may lend credibility to your defense. If any expert can provide useful testimony or assistance, we’ll hire them without hesitation.
- Plea negotiations: A plea bargain is one way to resolve a residential burglary case. We will speak with prosecutors in your case and determine whether they’re offering a plea deal. We will review any such offer with you, explaining whether we believe the plea bargain is in your best interest.
- Trial: We may proceed to trial, seeking a not guilty verdict for you. The unique circumstances of your case will determine whether a trial is necessary.
Having taken more than 100 cases to trial, attorney Michael Simmrin understands how to win in the courtroom. He and his team also understand that each case is unique, and a plea bargain is sometimes the best option for a client.
Your residential burglary case is unlike any other. With each decision we make, our team will act in your best interests. If you have any requests, we will work hard to accommodate them.
Client Testimonials for Simmrin Law Group
Client testimonials are one of the clearest ways to understand what Simmrin Law Group offers you:
- “Mr. Simmrin is a great attorney, he helped me beat two cases at the same time. If you’re looking for somebody that will take care of your case, he’s the guy to go to. He will take his time to get you a great deal” – Jaime, former client
- “Literally saved my son’s life. Professional and friendly.” – Maricela, mother of a former client
- “We spent many months going to court, and every time and every step of the way, Mr. Simmrin was there fighting for my son. In February of 2022, Mr. Simmrin called and gave us the best news that we could hear, the case was dropped against my son. We were so happy and thankful for his services and outstanding work.” – Fe, parent of a former client
Let us fight for you like we fought (and won) for these former clients. We will handle every step of your case, updating you whenever necessary. You’ll be able to reach our team whenever you need us.
For a free legal consultation, call (310) 896-2723
Understanding Residential Burglary Charges in California
Residential burglary is a kind of property crime in Los Angeles. California’s legal system uses Penal Code § 459 to handle residential burglary charges.
According to PC § 459, individuals commit residential burglary if they enter a residential structure while intending to commit petty theft or a felony.
Individuals can face burglary charges even if they do not commit a felony or petty theft. Merely intending to commit a felony or petty theft can lead to this charge. Additionally, you can face a residential burglary charge even if you enter a building that is unlocked.
You do not have to “break into” a residence to face first-degree burglary charges in California. You can face this felony charge for walking into an unlocked building if the prosecution shows that you intended to commit a felony or petty theft.
Buildings that Qualify as Residences in California
Individuals only face first-degree burglary charges in California if they enter a residence. The legal system provides a specific definition for “residences: Any inhabited structure could be considered a residence.
Structures are inhabited if they are used as a dwelling. Note that a structure is inhabited even if the owner is not at home at the time of the burglary. However, a structure is uninhabited if the owner moves out and does not plan to return.
There are several examples of residences in California. Individuals can face felony charges if they enter an inhabited:
- Boat or floating home
- Trailer or recreational vehicle (RV)
- Motel or hotel room
Note that these are only some examples of residences in our area. The attorneys at Simmrin Law Group can explain whether your case qualifies as residential burglary.
Consequences of a Residential Burglary Conviction
Felonies like residential burglary are serious criminal charges. Individuals convicted of felony burglary can face:
- Fines of up to $10,000
- Prison time of up to six years
- Formal (or felony) probation
A residential burglary charge generally counts as a “strike” in California. California’s “three-strike” system for certain felony charges means that you may face harsher penalties for subsequent charges if you have a strike on your record.
Individuals who get a second strike will generally have their prison sentence doubled. A third strike can lead to life in prison in California.
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Call Simmrin Law Group for Help with a Residential Burglary Charge Today
Residential burglary is a felony in the state of California. Simmrin Law Group can help if you’re accused of any type of burglary. You can easily reach our team for help if you complete our online contact form or call today for a free consultation.
Get help from a burglary lawyer in Los Angeles by contacting us. We’ll get started on your defense as soon as possible. Call us today!