Law Offices of
Kenneth T. Holder
17280 Newhope St., Unit F
Fountain Valley, Ca 92705
Office (714) 434-3620
Fax (714) 464-4611
kholder@kthlaw.com

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Burglary

Burglary:
Penal Code Section 459

In order to convict someone of burglary, the prosecuting attorney must prove:

1. An accused person entered a building,
2. At the time of entry, the accused had the specific intent to steal and take away someone else's property, and
3. The accused specifically intended to permanently deprive the owner of the property.

Any person who enters the dwelling or inhabited structure of another with the intent to steal or commit a felony is guilty of burglary in the first degree and can serve up to 6 years in state prison.

Commercial Burglary:
Penal Code Section 459

In order to convict someone of commercial burglary, the prosecuting attorney must prove the same elements above, except that because a commercial burglary is not a dwelling or inhabited structure, it is considered a second degree burglary. As a result, the charge can be filed either as a misdemeanor (a maximum sentence of 1 year) or as a felony with the accused facing up to 3 years in state prison.

Even if you are charged with a felony, there is a good possibility that you may be able to avoid serving time in custody. Therefore, as with most theft cases, it is important to get quality representation early so that Ken Holder can work with the prosecution to preclude a harsher charge and punishment against you than is necessary.