San Jose Burglary Lawyer Maureen Baldwin
In San Jose California, all burglaries of a residence are first degree burglaries. These are also considered to be “strikes” as well as serious felonies under the Penal Code. A person convicted of first degree burglary is sent to prison, except if the court finds “unusual circumstances”.
For a first offense, if the person has never been convicted, has been reacting to an unusual personal situation, or has a drug problem for which he is being treated, the court will often find “unusual circumstances” and send the offender to a combination of a rehab program and jail. This does not wipe out the strike consequences, if there is ever another brush with the criminal courts. Many times if a party commits a burglary due to drug problems, or other emotional problems, they are likely to be repeat visitors in the criminal court, and can end up facing serious “three strike consequences”. In California, an attached garage, even with the door open, is considered part of the residence. This can result in parties who have taken something out of an open garage such as a tool set or bicycle being charged with a very serious crime.
Burglaries of a store or automobile are second degree burglaries. These can be charged as misdemeanors, but they are generally charged as felonies. In some circumstances, even a shoplifting can be charged as a burglary if the shoplifter brings a cutting tool or some other means to remove sensor devices into the store and is then arrested for shoplifting.
All types of burglary offenses should be taken very seriously and an attorney should be consulted. In many of these cases, again, I have been able to employ a thorough investigation, or analysis of physical evidence such as fingerprints or DNA to determine whether a case is tenable at all. I have had experience working with all types of forensic scientists in order to assess the case. If my client has an alibi, with the thorough approach that I employ when working on a criminal case, I can bring that forward quickly, sometimes obtaining store surveillance videos or receipts to validate that alibi.
Get an Experienced San Jose Burglary Lawyer
For more information on burglary charges and defense please contact Attorney Maureen Baldwin today.
