Many people are unaware that, while summer is a fantastic time to relax and enjoy the outdoors, it is also the most common time for burglaries to occur. In fact, during the summer, the number of burglaries rises by more than 10%. Burglary is one of many sorts of theft offenses that can be committed in California.

There are two basic categories of burglaries: residential and commercial. Read on to learn more about how they're prosecuted, and then call the Law Office of Michael L. Fell at (949) 585-9055 if you've been suspected of or charged with a theft felony. We'd be delighted to start the process with a no-cost legal consultation.

Home burglary

This is also known as residential burglary and occurs when someone enters a home or room with the purpose to steal or commit another criminal crime. It's called first-degree burglary and it's a felony charge. To convict someone, the following must be proven to the judge or jury:

The defendant entered an occupied home or a room within an occupied home.

When the defendants entered the room or home, they had the intention of committing theft or another criminal.

If convicted of first-degree burglary, a person might face up to six years in jail, $10,000 in fines, and a three-strike penalty under the Three Strikes Law. Certain variables, such as possessing a gun or injuring someone else while committing the crime, may raise the penalty.

Burglary in a business

Business burglary, often known as second-degree burglary, occurs when someone enters an office building, retail, or other commercial facility with the intent to steal or commit another criminal. The prosecution must establish the following in order to convict you:

You entered an enclosed space, such as a building, a cargo container, a vehicle, a room, or something similar.

You went inside the enclosed location with the intention of committing an offense, such as theft.

This is a wobbler infraction, which means it can be punished as a misdemeanor or felony depending on the circumstances. Many criteria, including the defendant's criminal history and the facts of the occurrence, will be examined in determining how it is charged. A misdemeanor conviction can land you in county jail for up to 364 days and a fine of up to $1,000, while a felony conviction can land you in prison for up to three years and a fine of up to $10,000.

If you or a loved one has been charged with or is suspected of burglary, we strongly advise you to seek legal advice as soon as possible. The Law Office of Michael L. Fell can be reached at (949) 585-9055 right now. This isn't something you want to deal with on your own. You can count on us to work hard for you, whether we are fighting your case in court, negotiating the best possible plea offer, or attempting to have the charges dismissed.