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Burglary Defense Lawyer KAREEM A. RAMADAN has the depth of legal talent you need to win your case.
kramadanlaw@gmail.com
1026 W. Foothill Blvd, Suite 101 Upland, CA 91786
(888)-506-6519
Prosecutors in California take burglary charges extremely seriously. This is somewhat understandable, given that a burglary can involve an invasion of privacy and a breach of one’s sense of safety at home. On the other hand, the majority of burglary charges are actually for trespassing and theft.
For a first-degree burglary, a person may be sentenced to up to 6 years in state prison and no fewer than 2 years in state prison. (Pen. Code §462) You can also receive a fine of up to $10,000.
First-degree burglary is always a felony crime in California. Additionally, it counts as a strike under California’s three-strikes law.
For a second-degree burglary, prosecuted as a misdemeanor, a person may be sentenced to one year in the county jail and a fine of up to $1,000, but if prosecuted as a felony, a person may be sentenced to 3 years of state prison and not less than 16 months of state prison, and a fine of up to $10,000.
Burglary can be charged as either first or second-degree. First-degree burglary is one committed in “an inhabited dwelling”, an extremely broad term that covers houses, boats, and any structure where a person lives. (Pen. Code §460.) Any place used as a dwelling by one or more occupants is covered by burglary, even locations such as a phone booth or a temporary structure like a tent.
Even if the owner or occupant of the structure is not home at the time of the burglary, it is still considered first-degree burglary. The only exception is if the dwelling was vacated and abandoned because of a natural disaster.
First-degree residential burglary is considered a violent offense and a felony crime. This will add a strike to your record and could result in a sentence of up to six years in state prison. California’s three-strikes law applies to first-degree residential burglary, which could result in a life sentence if you already have or receive two strikes for other offenses later. This means that any accusation of first-degree burglary should be taken very seriously.
If you have been charged with first-degree burglary or believe you might be, contact an experienced burglary lawyer immediately.
All other burglaries, like those committed against businesses and other non-residential structures, are burglaries of the second degree. (Pen. Code §460)
Unlike a first-degree burglary, it must be proved that you intended to commit a theft when you entered the building. It must also be proved that you were not allowed to enter the property or the part of the property you entered. So, if you entered a store during business hours without the intent to steal and are accused of stealing opportunistically while inside, you cannot be charged with second-degree burglary.
For a first-degree burglary, a person may be sentenced to up to 6 years in state prison and no fewer than 2 years in state prison. (Pen. Code §462) You can also receive a fine of up to $10,000.
First-degree burglary is always a felony crime in California. Additionally, it counts as a strike under California’s three-strikes law.
For a second-degree burglary, prosecuted as a misdemeanor, a person may be sentenced to one year in the county jail and a fine of up to $1,000. Still, if prosecuted as a felony, a person may be sentenced to 3 years of state prison, not less than 16 months, and a fine of up to $10,000.
If you or a member of your family has been accused of a crime or if you learn that you are under investigation, it is in your best interest to contact KAREEM A. RAMADAN, a criminal defense attorney at Kareem Law APC, immediately. We can begin building your case as soon as you are informed of an accusation against you, taking the time to listen to your needs and uncover the circumstances surrounding your case.
If you are currently involved in a legal matter, our attorneys can represent you in court. Since 2013, we’ve assisted countless clients with complex litigation. We can help defend you if you did not intend to commit a crime, were the victim of an unjust accusation, or were involved in an illegal law enforcement sting operation.
The intent to conduct theft or another felony violation is one of the essential legal components that must be proven in a case of burglary. Your burglary lawyer may be able to get your charge dropped or reduced to criminal trespass, which is a minor offense, if the prosecuting attorney does not have enough evidence to establish intent.
Similar to this, your California burglary defense attorney may be able to contest the witness’ testimony or his or her reliability if the prosecution’s case is substantially supported by eyewitness testimony. On the other side, if the evidence used against you was acquired illegally, your attorney could be able to get the criminal case completely dropped.
Get in touch with the Kareem Law APC as soon as possible if you have been accused of any type of burglary. Depending on the allegations you are facing, the evidence against you, whether or not you have a criminal record, and a number of other criteria, our legal team, led by top-rated criminal defense attorney Kareem A. Ramadan, will develop the most effective and aggressive defense plan. To ensure that all of your rights are adequately protected, we will work tirelessly.
Honorable And Determined Criminal Defense Attorney To Protect Your Future.
Under California Penal Code Section 459, burglary is the act of entering a structure (residential, commercial, or any other type of property) with the intent to commit grand larceny, petit larceny, or any other felony.
The statute protects against intruders into indoor areas, not persons committing crimes in their own homes. To hold otherwise could lead to potentially absurd results. If a person can be convicted for burglarizing his own home, he could violate section 459 by calmly entering his house with intent to forge a check.
Burglary in the first degree (burglary of an inhabited building) is a felony in California. A conviction for first-degree burglary can include two to six years in prison. Burglary in the second degree (non-inhabited building) is a wobbler in California. This means it could be charged as a felony or a misdemeanor.
When you are facing criminal charges, you need an experienced criminal defense attorney you can trust. Kareem has been practicing criminal law for more than a decade and is one of the most trusted and highly rated attorneys. Whether you need help with a domestic violence case, felony and misdemeanor cases, theft crimes, or any other criminal charges, call Kareem Law APC for excellent legal representation. Kareem is a compassionate criminal lawyer who will protect your rights, guide you through every step of the process, provide you with the legal counsel you deserve, and fight hard to obtain optimal results. Call today at (888)-506-6519 or use our online contact form to schedule contact with a seasoned criminal defense lawyer in Riverside.
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I had reached out to Kareem Law APC after finding out I was being wrongfully accused of an incident, and he immediately called me back late at night. I have... read more never been through the legal process or ever thought I'd be dealing with a potential lawsuit, and my anxiety and emotions were incredibly high.
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My case was eventually rejected and I owe it all to him and his team, their speediness, and effort they put forward on my behalf.
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If you are in need of a lawyer, or think you may need one, give him a call right away!
I was very fortunate to have had Kareem as my attorney. From our very first conversation, I could tell he was very knowledgeable and experienced. His empathy and care... read more for my devastating situation, were encouraging and made me feel safe. Kareem was very personable, reachable, and communicated clearly. Kareem put a lot of effort to get the case dismissed and achieve a complete resolution without the additional stress of a trial. The relief of putting that unfortunate circumstance behind me, still feels unreal and I am beyond grateful to Kareem!
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Mr. Ramadan is an amazing lawyer. I had a case that I wanted to get off of my record from a mistake I made in my youth and he was... read more able to get it dismissed with ease. He reached out any time there was an advancement in the dismissal of my case and he would answer any questions I had regarding it. He puts his customers first and for that, I could not be any more thankful that he was my lawyer for my case. He is honest, reliable, and thorough. I am so happy I had him for my case and now I can finally move forward in life without anything holding me back.