Burglary & Theft Lawyer San Jose
Burglary and theft are serious crimes in California with stiff penalties for those convicted. Anyone facing a criminal charge should immediately pick up the phone and reach out to Knight Law 408-877-6177. Our criminal defense attorney is committed to helping the San Jose community defend themselves from criminal prosecution. Public defender offices are usually overworked and understaffed. You need a San Jose burglary and theft lawyer who can go over the state’s evidence with a magnifying glass and identify the strongest defense for your case. Our consultations are free!
California Burglary Charges
Section 459 of the California Penal Code is the burglary statute. It is a crime to enter any structure, building, or locked vehicle with the intent of committing theft or any felony.
A defendant who entered a residence can face first-degree charges, while those who enter a commercial building can face second-degree burglary charges.
This is a serious crime. A first-degree burglary conviction can result in 2, 4, or 6 years in jail. Second-degree burglary is a “wobbler,” meaning a prosecutor gets to choose whether to charge it as a felony or misdemeanor. Nonetheless, you could spend time behind bars if convicted.
Call Nana Knight today to discuss your case. Our firm can analyze the facts surrounding the offense and your arrest. For example, there might be insufficient evidence of your intent to steal when you enter, or perhaps you never entered the property or locked vehicle. Because burglary often happens at night, witnesses can be mistaken, and police might have used an unduly suggestive lineup to get an identification. These are some of the defenses we can raise on your behalf.
California Theft Charges
Theft does not require entering a building. Instead, defendants can face theft charges for stealing something out in the open or from an unlocked car.
California classifies theft according to the value of the property stolen:
- $950 or less: petty theft
- More than $950: grand theft
Conviction will typically result in jail, fines, and probation. Grand theft is a “wobbler,” so it might be charged as either a misdemeanor or felony. The maximum sentence—for felony grand theft—is up to three years in county jail.
We might use many of the same defenses for theft as we do for burglary, including mistaken identity or a lack of evidence to prove intent. Another defense is consent—the owner might have let you borrow an item, or you honestly believed you had permission to use it. Showing that you did not intend to permanently deprive the owner of their item is a defense to a charge of theft.
In our experience, the evidence in many theft cases is shaky. For example, security footage is notoriously grainy or doesn’t fully capture what is happening. Witnesses are often confused, especially if they don’t get a good look at the thief. Call us today so we can review.
Reach Out to Knight Justice Today
Burglary or theft charges warrant an aggressive defense. Knight Law has handled many property-related crime cases for our clients, and we are eager to hear more about your arrest. Call our law firm to schedule a free, one-on-one consultation with an experienced San Jose criminal defense attorney.
