Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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The five best ways to beat burglary charges are to show that you:
The burglary laws of most states say that you commit this crime if you:
Many states divide this crime into different degrees, such as:
The penalties are generally harsher with a first-degree charge, and least severe with a third-degree charge.
Depending on the facts of the case, burglary penalties can include misdemeanor or felony charges and a prison sentence or jail time.
You can always try to prevent a burglary conviction by showing that you did not commit the burglary crime charged. This is what is known as a “factual innocence” defense.
The defense is successful if you can:
You can also raise this defense if you are a victim of false accusations. Maybe someone accused you of burglary out of revenge or payback. No matter the specific reason, however, you can defeat the unjust allegation by showing that you are factually innocent of the offense.
An act is only considered burglary if you entered a structure or building with the specific intent to commit a crime once inside.
This means you can contest criminal burglary charges by showing you did not enter a structure with the intent to commit a crime.
Note also that the timing of your intent is crucial. You need to have intended to commit a crime when you entered the building for a conviction to stand. If you only formed the intent after you were inside, you are usually not guilty of burglary.1
A claim of right defense in a burglary case asserts that you entered a structure to take back something you thought belonged to you.
This defense is somewhat related to a lack of intent defense because it shows that you did not really have a criminal intent to take something since you believed it was rightfully yours.
The strength of this defense will often depend on the evidence you can raise to show ownership over an item. For example, your claim of ownership will likely succeed if you can show receipts or pictures that prove you owned the property in question.
Maybe, yes. Many states say that you are not guilty of the crime of burglary if you:
But note that some jurisdictions say the defense only works if:
Yes. You can challenge accusations of a burglary offense by showing that you were a victim of police misconduct.
There are times when the police are overeager to solve a case. Unfortunately, this can compel them to do things that violate your rights. Such unjust acts might include:
If any of these occur, you can provide evidence of such and try to get a burglary charge reduced or even dropped in its entirety.
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.