Criminal Defense Lawyers

What is an attempted burglary in California?

What is Attempted Burglary in California?

Attempted burglary is a serious criminal offense in California that can carry significant legal consequences. At Spodek Law Group, we have extensive experience defending clients against attempted burglary charges and other related crimes. Our skilled criminal defense attorneys understand the nuances of California burglary laws and how to build an effective defense strategy.In this comprehensive guide, we’ll explain everything you need to know about attempted burglary charges in California, including:

• The legal definition and elements of attempted burglary
• Potential penalties if convicted
• Common defenses our attorneys use
• How we can help protect your rights

If you or a loved one is facing attempted burglary charges in California, don’t hesitate to contact our experienced legal team at 212-300-5196 for a free consultation. We’re here to help guide you through this difficult situation and fight for the best possible outcome in your case.

What Legally Constitutes Attempted Burglary in California?

Under California law, attempted burglary involves taking substantial steps toward committing burglary, but failing to actually complete the crime. To understand attempted burglary, it’s important to first look at how burglary itself is defined.

Definition of Burglary in California

Burglary is covered under California Penal Code Section 459. The legal definition states that burglary occurs when a person:

1. Enters a building, room, or locked vehicle
2. With the intent to commit theft or any felony once inside

Importantly, the crime of burglary is considered complete as soon as the person enters the structure with criminal intent – they don’t actually have to steal anything or commit another crime once inside.There are two degrees of burglary in California:

• First-degree burglary: Entering an inhabited dwelling (like a house or apartment)
• Second-degree burglary: Entering any other type of structure (like a store, office, or car)

Elements of Attempted Burglary

For a prosecutor to prove attempted burglary, they must show that the defendant:

1. Intended to commit burglary
2. Took a direct step towards committing burglary
3. Failed to complete the burglary

The “direct step” element is crucial. This means the defendant must have gone beyond just planning or preparing to commit burglary – they must have actually started to carry out the crime before being interrupted or stopped.Some examples of actions that could constitute a direct step toward burglary include:

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2024-03-18

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2024-03-15

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• Approaching a home at night while carrying burglary tools
• Breaking a window or lock to try to gain entry to a building
• Entering the yard or property of a home with clear intent to break in

Our experienced attorneys know how to challenge the prosecution’s evidence on each of these elements to build a strong defense against attempted burglary charges.

Penalties for Attempted Burglary in California

The potential consequences for an attempted burglary conviction in California can be quite severe. The exact penalties depend on whether the attempted burglary is charged as first or second degree.

Attempted First-Degree Burglary

Attempted first-degree burglary (of an inhabited dwelling) is always charged as a felony in California. Potential penalties include:

• 2, 4, or 6 years in state prison
• A fine of up to $10,000
• Formal felony probation

This is also considered a “strike” under California’s Three Strikes law.

Attempted Second-Degree Burglary

Attempted second-degree burglary is a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony depending on the circumstances and the defendant’s criminal history.Misdemeanor penalties may include:

• Up to 1 year in county jail
• A fine of up to $1,000
• Summary probation

Felony penalties may include:

• 16 months, 2 years, or 3 years in county jail
• A fine of up to $10,000
• Formal felony probation

As you can see, the stakes are high when it comes to attempted burglary charges. That’s why it’s critical to have an experienced criminal defense attorney on your side. At Spodek Law Group, we have a proven track record of helping clients avoid the harshest penalties and achieve the best possible outcomes in their cases.

Common Defenses Against Attempted Burglary Charges

When you work with our skilled legal team at Spodek Law Group, we’ll carefully analyze every aspect of your case to identify the strongest possible defenses. Some common defense strategies we may employ for attempted burglary charges include:

Lack of Intent

To be guilty of attempted burglary, you must have specifically intended to commit burglary. We may be able to argue that you had no intention of entering a building to commit theft or another felony. For example, perhaps you were simply in the wrong place at the wrong time or had an innocent reason for your actions.

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that you took a direct step toward committing burglary. We’ll scrutinize the evidence to show that your actions didn’t rise to the level of an actual attempt. Maybe you were just in the planning stages and hadn’t actually started to carry out the crime.

Mistaken Identity

In some cases, we may be able to show that you were wrongly identified as the perpetrator. This could involve challenging eyewitness testimony or presenting evidence of an alibi.

Illegal Search and Seizure

If law enforcement violated your Fourth Amendment rights during the investigation, we may be able to get key evidence thrown out. This could potentially lead to dismissal of the charges.

Entrapment

Though rare, in some cases we may be able to show that law enforcement improperly induced you to commit a crime you wouldn’t have otherwise attempted.

Mental Illness or Intoxication

While not a complete defense, evidence of mental illness or severe intoxication may be used to show you lacked the required mental state to commit attempted burglary.Our attorneys will thoroughly investigate your case and craft a tailored defense strategy based on the specific facts and circumstances involved. We have the knowledge and experience to challenge the prosecution’s case at every turn.

How Spodek Law Group Can Help with Your Attempted Burglary Case

If you’re facing attempted burglary charges in California, you need a skilled and aggressive legal team on your side. At Spodek Law Group, we have decades of experience defending clients against all types of burglary and theft-related charges.When you work with our firm, you can expect:

• A free initial consultation to discuss your case
• An honest assessment of the charges and potential outcomes
• A customized defense strategy tailored to your unique situation
• Aggressive negotiation with prosecutors to get charges reduced or dismissed when possible
• Skilled trial representation if your case goes to court
• Clear communication and support throughout the legal process

We understand how stressful and overwhelming criminal charges can be. Our compassionate attorneys will guide you through each step and fight tirelessly to protect your rights and freedom.Don’t face attempted burglary charges alone. Contact Spodek Law Group today at 212-300-5196 to schedule your free case evaluation. Let us put our experience and resources to work for you.

Frequently Asked Questions About Attempted Burglary in California

Here are answers to some common questions we receive about attempted burglary charges:Q: Can I be charged with attempted burglary if I never actually entered a building?A: Yes, you can be charged with attempted burglary even if you didn’t successfully enter the structure. The key is whether you took a direct step toward committing burglary with the intent to do so.Q: What’s the difference between burglary and attempted burglary?A: Burglary occurs when someone enters a structure with intent to commit theft or a felony. Attempted burglary involves taking substantial steps toward committing burglary but failing to complete the crime.Q: Is attempted burglary always a felony in California?A: Not necessarily. Attempted first-degree burglary (of an inhabited dwelling) is always a felony. Attempted second-degree burglary can be charged as either a misdemeanor or felony.Q: Can attempted burglary charges be expunged from my record?A: In some cases, yes. If you’re convicted of misdemeanor attempted burglary, you may be eligible for expungement after completing probation. Felony convictions are more difficult to expunge but may be possible in certain circumstances.Q: Do I need a lawyer if I’m charged with attempted burglary?A: It’s highly advisable to have an experienced criminal defense attorney represent you. Attempted burglary charges carry serious potential consequences, and a skilled lawyer can help protect your rights and fight for the best possible outcome.If you have additional questions about attempted burglary charges in California, don’t hesitate to contact our office. We’re here to provide the guidance and strong legal representation you need.

Conclusion: Trust Spodek Law Group with Your Attempted Burglary Defense

Facing attempted burglary charges can be a frightening and overwhelming experience. But with the right legal team on your side, you can fight these charges and work toward a positive resolution.At Spodek Law Group, we have the knowledge, skills, and resources to provide you with top-notch criminal defense representation. Our attorneys have successfully defended countless clients against burglary and theft-related charges throughout California.We understand the stress and uncertainty you’re facing. That’s why we approach every case with compassion, dedication, and a commitment to achieving the best possible outcome for our clients. When you work with us, you’ll have a powerful advocate in your corner every step of the way.Don’t let attempted burglary charges derail your life and future. Contact Spodek Law Group today at 212-300-5196 to schedule your free consultation. Let us put our experience to work for you and fight for your rights and freedom.Remember, time is of the essence in criminal cases. The sooner you reach out to us, the sooner we can start building your defense strategy. We’re available 24/7 to take your call and begin working on your case. Don’t wait – contact Spodek Law Group now and take the first step toward protecting your future.