The summer months bring endless of hours of sunlight, hotter temperatures and more trips to the beach. Unfortunately, summer months also bring an increase in crime rates such as Valencia burglaries.
The U.S. Department of Justice, using information provided by the Bureau of Justice Statistics National Crime Victimization Survey, confirms that seasonal patterns affect crime rates. Although it is not clear if the increased temperatures or longer daylight hours cause the increase, statistics reflect an increase in burglary rates and other crimes during the months of June, July and August.
In the state of California, penal code 459 provides that every person who enters a house, apartment, warehouse, store, room, watercraft, barn, building, trailer or vehicle,
“with intent to commit grand or petit larceny or any felony is guilty of burglary.”
If you break into someone's shed in Santa Clarita in order to take power tools, or you enter a parked car to steal the contents of the glove box, you can be charged with burglary. When the burglary takes place in a residence, it is charged as a 1st degree felony with a possible sentence of 2, 4 or 6 years in state prison and if someone was inside the residence at the time of the burglary, it can be charged as a violent felony. A conviction for 1st degree burglary causes a strike under California's 3 strike law.
A burglary that takes place in any other type of building such as a store or a warehouse can be charged as a 2nd degree misdemeanor with a possible sentence of 1 year in county jail. A 2nd degree burglary can also be charged as a felony with a sentence of 16 months, 2 or 3 years in state prison.
In order to obtain a conviction for burglary, the prosecutor must show that an individual entered a building or other premises without permission and that they had an intent to commit a crime once inside. There can be many different defenses to burglary including:
• Consent: You had permission to be inside the premises such as a building owned by your employer or family member.
• Intent: You did not intend to commit a crime such as when a person enters a building because they are lost and need assistance.
- Residence: The structure involved was not used as a residence.
Contact Valencia Burglary Defense Lawyers
If you are arrested or charged with burglary, you are facing very serious consequences including possible jail time. You need to call the experienced burglary defense attorneys at the Kann California Defense Group for a free consultation so you can begin to develop an aggressive defense that will eliminate or reduce the charges and keep you out of jail. Our lawyers will work with you to form a strategy and present your best defense at trial. Call our toll-free number 888-744-7730 today or use our online contact form.