Burglary & Robbery
Burglary - as defined in Penal Code section 459 - involves entering a house, room, apartment, shop, warehouse, store, barn, vessel, or other building with the intention of committing a theft, or any felony. This broad definition means that you can be charged with burglary if you merely enter a building with the intent to commit a crime - even if you leave without doing anything else that qualifies as a crime.Burglary crimes are distinguished between 1st and 2nd degree. 1st degree burglary - a "strike" under California's 3 Strikes Law - is charged when someone enters a house or other building that is considered "inhabited." Prison sentences for conviction of 1st degree burglary are two, four, or six years. Burglary of all other types of structures are charged as 2nd degree, and are "wobblers" since they can be charged as either misdemeanors or felonies. Conviction of misdemeanor burglary carries a county jail term of less than one year; conviction of felony burglary carries a prison term of up to three years.RobberyRobbery - as defined in Penal Code Section 211 - involves using force or fear to take property from another person. In contrast to burglary, which can be charged as either a misdemeanor or felony, all robberies are classified as felonies and all are strikes. The distinguishing feature of robbery is that it involves a person to person confrontation and the use of force, coercion, or intimidation to takes someone's property.
1st degree robberies take place in buildings considered inhabited - homes, trailers, apartments, vessels; or against drivers or passengers of public vehicles like taxis, subways, or trains; or against people using ATM machines. Conviction of 1st degree robbery carries a prison term of three to nine years, depending of the circumstances. All other robberies are classified as 2nd degree and are punishable by prison terms of two, three, or five years.
For a more detailed description of robbery and burglary - including enhancements that can lengthen prison terms - click here or on the link below.Experienced and Aggresive Criminal Defense
Because burglary and robbery charges carry such severe penalties, it's critical that you have a quality, experienced defense attorney if you've been arrested. I know how the system works, and am committed to fighting for your rights and to keeping you out of jail at every stage of the process. Having a conviction for robbery or burglary on your record can make it extremely difficult to get a good job. When the stakes are this high, why entrust your future to just any lawyer?
My nearly 20 years of criminal trial experience and thorough familiarity with the courts in Sacramento County, Yolo County, Placer County and El Dorado County give me an advantage in serious property crime cases, especially those involving weapons charges and other aggravating factors.Free and Confidential Consultation
For a free consultation regarding your charges, contact me online or call my Sacramento law office at (916) 442-1200. Get the experienced representation you need today.