San Bernardino Theft Crimes Lawyer

Defending Californians who have been charged with burglary, commercial burglary or residential burglary in San Bernardino.

Burglary occurs any time a person enters a property with the intent of committing a felony or theft once inside. Even if the theft is not completed, you can still be charged with burglary because you entered a building with the intent to steal. This is one of the reasons why some people are surprised to be charged with burglary in the first place.

The burglary laws in San Bernardino can be confusing to navigate, which is why you need the guidance of experienced criminal defense lawyers in San Bernardino. The Law Offices of David S. Chesley can provide you with exceptional legal representation so that you can fight your case and come out with a favorable outcome.

Understanding San Bernardino Burglary Laws

Penal Code 459 makes it a crime to enter any residential or commercial room or building with the intent to commit a felony or theft. You commit this crime simply by entering a property with this intent, even if you were not successful in taking the item.

Because there are differences between burglarizing a home or business, burglary laws are divided up into two sections:

• First-degree burglary refers to residential properties, including apartments, condos and single-family residences
• Second-degree burglary refers to commercial properties, including stores and businesses

It’s also important to point out that shoplifting, though a type of burglary, is a distinct crime from first- and second-degree burglary. Shoplifting is covered under Penal Code 459.5 and involves a person entering an open business with the intent to steal $950 or less worth of merchandise. It is generally charged as a misdemeanor and goes on a criminal report as “shoplifting” rather than “burglary.”

Penalties for Burglary in San Bernardino

First-degree burglary is a serious crime and always charged as a felony. If convicted, you could face up to two, four or six years in state prison. Additional penalties may include felony probation and a fine up to $10,000. First-degree burglary also counts as a “strike” offense under California’s Three Strikes Law. This could add serious time to your prison sentence if you have a criminal record or reoffend in the future.

Second-degree burglary is a wobbler crime, which means it can be charged as a misdemeanor or felony depending on the circumstances of your case. If convicted of a misdemeanor, your penalty may include up to one year in county jail, misdemeanor probation and fines up to $1,000. If convicted of a felony, you could spend sixteen months, two years or three years in county jail. Additionally, you may face felony probation and a fine up to $10,000.

Legal Defenses for Burglary Cases in San Bernardino

When it comes to burglary cases, there are several ways that you can fight these charges. Working with the best criminal defense attorneys in San Bernardino will make you most successful. The Law Offices of David S. Chesley know how to fight burglary cases and get these charges reduced or dismissed. Here are some of the criminal defenses we may use to support your case:

• Lack of intent. Intent is a critical component to burglary cases. If you did not have intent to commit theft or felony when entering a property, you cannot be convicted of burglary. Also, the timing of the crime makes a difference. If you decided to commit theft once inside a building, this is not considered burglary. To be found guilty, you must have entered the room or building with the intent to commit a felony.
• Claim of right. If you had a reasonable belief that an item belonged to you, we can use claim of right as your defense. For example, if you entered a friend’s house to take back the gaming system that you believed belonged to you, this is not considered burglary.
• Factual innocence. Surprisingly, one of the best ways to fight a burglary case is by showing that you did not do it. Innocent people are arrested for burglary all the time due to mistaken identity, misleading evidence or false accusations.
• Police misconduct. Because you only need to have an intent to commit theft to be charged with burglary, police misconduct is common in these cases. We often hear stories of officers fabricating evidence, asking leading questions and coercing confessions. If we find this to be true, the evidence will be dismissed.

Related Offenses

Burglary cases are often charged with other crimes as well. Some of these may include:

• Possession of burglary tools (PC 466). Penal Code 466 makes it a crime to possess burglary tools with the intent to commit a felony or theft. Examples of burglary tools include crowbars, screwdrivers and slim jims. If you use any of these tools, you can be charged with PC 466 in addition to PC 459.
• Forgery (PC 470). Even though most people think of stealing an item when committing burglary, this crime can be done in other ways, too. As an example, if you were to walk into a bank with the intention of forging someone else’s name, you could be charged with PC 470.
• Robbery (PC 211). Many people get burglary and robbery mixed up, but the two are different crimes with different sets of penalties. Penal Code 211 is California’s robbery law and it refers to taking someone else’s property from their immediate presence using force or fear. You can be charged with burglary and robbery if you enter a building or home belonging to someone else, use force or fear to take property away from a person and intended to do this when entering the property.
• Trespassing (PC 602). Trespassing is entering someone’s property without the right to do so. The reason why trespassing and burglary don’t always go together is because burglary focuses on your state of mind, while trespassing has to do with whether the person wanted you on their property or not. Sometimes, we can reduce burglary charges to trespassing, which is an infraction or misdemeanor.

If you or a loved one has been charged with first-degree or second-degree burglary, it’s important that you receive help from a trusted criminal defense lawyer immediately. These are serious crimes that can result in jail time, fines and probation. To speak with one of our affordable criminal defense lawyers in San Bernardino, contact The Law Offices of David S. Chesley today.