San Jose Burglary Attorney
A burglary conviction is one which can stick with you throughout your life and has the potential to impact all of your future endeavors – from child custody to gainful employment. However, it is important to keep in mind that an arrest is not yet a conviction, and therefore you still have time to provide a defense to your charges. Therefore, it is extremely vital that you contact an experienced San Jose burglary attorney shortly after an arrest for burglary. Failure to timely handle a burglary charge could lead to a felony conviction.
California Burglary Charges
The crime of burglary in California requires that a person enter a building or vehicle with the intent to deprive the owner of property or commit a felony. The most important part of a prosecution’s argument is to prove the defendant had the intent to commit a felony. The crime will not fall within the definition of burglary if you entered another person’s home or vehicle and only after did you form the intent to commit a felony.
In California, burglary is divided into both first degree and second degree charges. The primary difference between the two degrees is that first degree burglary requires that a person enter the other person’s residence with the intent to commit a felony. Second degree felony occurs when the defendant enters any other type of structure. While first degree burglary always falls within the felony punishment range, second degree felony could be considered either a misdemeanor or a felony offense. An experienced criminal defense attorney will attempt to work with a prosecutor to lower charges to a misdemeanor, which is a much more manageable conviction to have on your record. However, a misdemeanor conviction will still have lasting repercussions on your future, and therefore an attorney will work to ensure no conviction occurs.
The California Three Strikes law could have an impact on any burglary sentencing, depending on any prior convictions which may be on your record. No prior conviction is overlooked during the sentencing.
California Burglary Defense
The prosecution in any burglary case must ensure that they prove beyond a reasonable doubt that the defendant violated all sections of the burglary crime. The lack of intent to commit burglary is often the best defense to any burglary charges. However, other defenses exist, including consent by the alleged victim, mistake of fact, and intoxication during the commission of the offense. An experienced San Jose burglary lawyer will be able to better advise you as to the defenses for your case, depending on the facts.
Ahmed and Sukaram Law | San Jose Burglary Attorney
If you have been arrested on suspicion of burglary, do not hesitate to contact the attorneys of Ahmed and Sukaram. Our San Jose criminal attorneys have years of experience in handling burglary cases and will work tirelessly to further develop a defense against your charges. Burglary charges have the potential to drastically impact your future career choices, child custody agreements, and may permanently remain on your record. Contact our San Jose office today for your initial free consultation.