Burglary Attorney in San Bernardino
Commercial Burglary Charges in California
Misdemeanor burglary is charged when a person enters a store while intending to shoplift. If the decision to shoplift is made after the person enters the store, it is not a burglary, but simply a theft. Stealing a car stereo out of a car is a form of misdemeanor burglary. These are known a “commercial burglaries.” A commercial burglary can certainly be a felony, depending upon the value of the loss. A $900 loss is currently the cutoff between a misdemeanor and a felony.
Residential Burglary Defense Lawyer
“Residential Burglary” is far more serious, because the crime carries the obvious risk to human life, if a homeowner decides to resist the break-in. A “residence” for this crime is not restricted to just a house. It can be a boat, motorhome, garage, or arguably any place a person might be expected to live.
Residential burglary is a “strike” in California, and if there is an occupant inside the home when the break in occurs, the burglary is then also a “violent” felony. As a strike, the burglary will cause you’re sentence to be doubled on the next felony you commit. If shown to be a violent felony, you will have to serve 85% of your prison sentence before being released, as opposed to 50% if the burglary is of a residence where no one is home. It is important to know that just because a home or other living place is currently empty, it is still a felony residential burglary.
The Penalties for Burglary: Don't Take Your Charges Lightly
Burglary, especially residential, is taken very seriously and can occur WHENEVER a person enters a living place with the intention of committing ANY felony, not just theft. In fact, if a person breaks into a house while intending to rape the person inside, the sentence can be life in prison.
Mark McDonald has tried many burglary cases, and settled many others for drastically reduced penalties. His success rate is truly impressive. Call his firm today at (909) 443-1599 for a
free case evaluation.