Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055
Learn the Steps to Take After You Have Been Accused of Burglary

When a person is accused of burglary they likely go through many different emotions. You may feel scared, angry, and worried. The good news is that you do have help on your side. Just turn to Law Office of Michael L. Fell at (949) 585-9055 now for your free legal consultation. We have spent decades defending people just like you. Keep reading to find out what steps need to be taken and then call us for help.

First: Understand What the Charge of Burglary Really Means

According to California law, burglary refers to entering a structure with the intent to commit a felony. This surprises many people, as they believe that burglary involves stealing. While it often does, the truth is that if you enter a structure to commit any felony, you can be charged with burglary.

It is also important to know that you do not have to break and enter to be accused of burglary. For example, if you went to a structure that was not locked, enter it in order to commit a felony, and are arrested, you could be charged with burglary. Finally, note that the charge requires that you intended to commit a felony – not that you committed one. It is enough to have had the intent to be charged with this crime.

Second: Understand the Difference Between First- and Second-Degree Burglary

First-degree burglary involves entering a place that is inhabited, such as a home, hotel room, or apartment. Second-degree involves any other type of structure, such as a store, office building, or warehouse.

First-degree burglary is a felony that comes with a sentence of two, four, or six years in prison and fines of as much as $10,000. Second-degree is what’s known as a wobbler offense, which means it can be charged as a felony or a misdemeanor. If charged as a felony, the sentence ranges from 16 months to three years, while a conviction of misdemeanor second-degree burglary comes with up a sentence of up to 364 days in jail.

Third: Remain Silent and Contact a Criminal Defense Attorney

You have the right to remain silent and you should take it. Do provide your ID to the police but do not make any statement, neither spoken nor written. Be polite but declined to answer. If you have not been arrested, ask if you are free to go. Then contact a criminal defense attorney who can provide you with the legal advice and assistance you need.

Remember that anything you say can be used against you. Even if you simply tell the police that you did not do it and give them an alibi, your specific words could potentially be used against you. We strongly recommend that you do not say anything beyond what is absolutely necessary and that you contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.