Many people do not realize that though summer is a great time for fun in the sun, it is also the most popular time for burglary to occur. In fact, burglary increases by more than 10% during the summer months. In the state of California there are many types of theft crimes including burglary.

Within the category of burglary there are two main types: Home and commercial. Read on to see how they are prosecuted and then contact Law Office of Michael L. Fell at (949) 585-9055 if you have been accused of or charged with any type of theft crime. We are happy to begin the process with a free legal consultation.

Home burglary

Also known as residential burglary, this occurs when a person goes into a home or room with the intent to commit any type of theft or another felony crime. It is known as first-degree burglary and is charged as a felony. For the judge or jury to find a person guilty, the following must be proved:

• The defendant went into a home or a room inside of a home that was inhabited.
• The defended had the intent to commit theft or another felony when they entered the room or home.

If a person is convicted of first-degree burglary then they can be looking at up to six years in prison, $10,000 in fines, and a strike via the Three Strikes Law. Certain factors could increase the penalty, such as if you were carrying a gun or you injured someone else in the commission of the crime.

Commercial burglary

Also known as second-degree burglary, commercial burglary refers to a person entering an office building, store, or other commercial structure with the intent to commit theft or any other felony. In order to convict you, the prosecution must prove:

• That you entered an enclosed space including a building, cargo container, vehicle, room, etc.
• You entered the enclosed space with the intent to commit theft or another felony.

This is a wobbler offense, which means it can be charged as a misdemeanor or felony. Many factors will be considered to determine how it is charged, including the defendant’s criminal history and the specifics of the incident. A misdemeanor conviction can result in up to 364 days in county jail and a file of up to $1,000 while a felony can result in up to three years in prison and a fine of up to $10,000.

If you or a loved one has been charged with or suspected of burglary then we highly encourage you to get a free legal consultation as soon as possible. You can reach Law Office of Michael L. Fell at (949) 585-9055 right now. This is not something you want to face alone. Whether we fight your case in court, work to find the best possible plea deal, or we work to get the charges dropped, you can count on us to work tirelessly for you.