Los Angeles Burglary Defense Attorneys

Charged with Burglary in LA?

Facing a burglary charge in Los Angeles can be an overwhelming and life-altering experience. A conviction can lead to years in prison, costly fines, and a permanent criminal record that can follow you for life. At Stephen G. Rodriguez & Partners, our experienced Los Angeles burglary defense lawyers are committed to protecting your rights, challenging the prosecution’s case, and pursuing the best possible outcome for your situation.

What is Burglary in California?

In California, burglary is defined under Penal Code § 459 as entering a building, structure, or locked vehicle with the intent to commit theft or any felony once inside. Importantly, you don’t have to successfully commit theft or another felony to be charged—prosecutors only need to prove that you intended to do so at the time of entry.

California recognizes two degrees of burglary:

• First-Degree Burglary (Residential Burglary) – Involves entering an inhabited dwelling, such as a home or apartment, regardless of whether anyone is present at the time.
• Second-Degree Burglary (Commercial Burglary) – Applies to all other burglaries, such as entering businesses, storage units, or other non-residential structures.

For example, if someone enters a closed store after hours with the intent to steal merchandise, that person can be charged with second-degree burglary. If a person enters a home intending to commit a felony, it is first-degree burglary, even if nothing is stolen.

Burglary Penalties in California

The penalties for burglary depend on the degree of the charge and the specifics of the case.

First-Degree Burglary

• Felony conviction
• State prison sentence: 2, 4, or 6 years
• Strike offense under California’s Three Strikes Law
• Formal probation in some cases

Second-Degree Burglary

• “Wobbler” offense – Can be charged as either a misdemeanor or a felony
• Misdemeanor penalties: Up to 1 year in county jail and/or fines up to $1,000
• Felony penalties: 16 months, 2 years, or 3 years in county jail, and/or fines up to $10,000

Additional Consequences

• Permanent criminal record
• Difficulty finding employment or housing
• Immigration consequences for non-citizens
• Restitution payments to alleged victims

Legal Defenses to Burglary Charges

An experienced Los Angeles burglary defense lawyer from Stephen G. Rodriguez & Partners can evaluate your case and determine the most effective strategy. Common defenses include:

• Lack of Intent: The prosecution must prove that you intended to commit theft or another felony at the time of entry. If the intent formed after entry or did not exist at all, the burglary charge may not stand.
• Mistaken Identity: Eyewitness testimony can be unreliable, especially in stressful or chaotic situations. If you were misidentified, we can present evidence showing you were not the perpetrator.
• Consent to Enter: If you had permission to enter the property, it may not qualify as burglary. We can work to establish that consent was given, either explicitly or implied.
• Insufficient Evidence: If the state’s case is based on weak, circumstantial, or illegally obtained evidence, we can move to suppress it or argue for dismissal.
• False Accusations: In some cases, burglary charges arise from personal disputes or misunderstandings. We can work to uncover motives for false allegations and present evidence to clear your name.

Burglary FAQs

Can I be charged with burglary if I didn’t steal anything?

Yes. Under California law, burglary focuses on your intent at the time of entry. Even if no property was taken, you can still be charged if prosecutors believe you intended to commit a theft or felony.

Is burglary the same as robbery?

No. Robbery involves taking property from a person’s immediate possession through force or fear. Burglary involves unlawful entry with the intent to commit theft or another felony, regardless of whether anyone is present.

Can a burglary charge be reduced to a lesser offense?

In some cases, yes. With skilled legal representation, burglary charges can sometimes be reduced to trespassing, petty theft, or another lesser offense, depending on the evidence.

How long will a burglary conviction stay on my record?

A burglary conviction will remain on your criminal record permanently unless it is expunged. Felony convictions can have lasting consequences for employment, housing, and other opportunities.

What should I do if I’m under investigation for burglary?

Do not speak to law enforcement without a lawyer present. Anything you say can be used against you. Contact a qualified Los Angeles burglary defense lawyer immediately.

Contact Our Burglary Defense Lawyer in Los Angeles Today

Burglary charges are serious and come with serious penalties. If you are being investigated or charged with any type of burglary, it is critical that you take action immediately. You need an experienced attorney in your corner to advise you and navigate the charges with you.

Our Los Angeles burglary defense lawyers at Stephen G. Rodriguez & Partners understand there is a lot at stake when facing burglary charges. With more than 50 years of combined criminal law experience, we are no strangers to the courtroom. We advocate for our clients at every step of the criminal process, and you can trust that we will do the same for you. This zealous representation has helped us to secure many favorable results for our clients.

Have you been charged with burglary in Los Angeles, CA? Contact Stephen G. Rodriguez & Partners to schedule your free initial consultation.