Originally, “burglary” was considered a crime against a home, or “habitation”.  Modernly almost anything can be burglarized, including a house, room, apartment, shop, warehouse, store, mill, barn, stable, outhouse, or any other building.

Under California Penal Code section 459 it is also possible to burglarize a vehicle, as long as the doors are locked.

California law divides burglary into two types: first degree and second degree.  First degree burglary consists of a burglary of an inhabited building.  This is often called residential burglary and it can be one of the most serious crimes.  It is punishable as a strike felony for up to six years in prison.  First degree burglary is always a felony and probation may only be granted in the interests of justice.

All other types of burglary are of the second degree.  Second degree burglary is a “wobbler”.  This means that it may be filed as either a felony or a misdemeanor.

There can be many defenses to a charge of burglary including, consent, entry during business hours, identity, after-acquired intent to commit a felony and others.  Obviously the goal is always to get the case dismissed, but in the absence of a first degree burglary charge, the goal also has to be to get the charge reduced to a misdemeanor. 

Each case will present different facts and Paul Tyler has significant experience defending such charges. 

In Ventura County most burglaries are generally charged as felonies. Therefore they are serious charges that must be seriously defended.

If you retain Paul Tyler he will first appear with you at your arraignment, enter a plea of not guilty and set the case for an Early Disposition Conference, or “EDC”.  This is basically a settlement conference.  Prior to the EDC Mr. Tyler will obtain all of the police reports and other evidence from the District Attorney and meet with you in his office in order to review the evidence and formulate the best defense. 

If no strong defenses exist, then the goal will always be to get the case reduced to a misdemeanor or a lesser charge.  If viable defenses do exist, then the case will be litigated, beginning with a preliminary hearing. 

To learn more, please call Paul Tyler at (805) 889-9000.  He will answer your call personally... you will not be required to go through a secretary, paralegal or associate attorney.  Call for a free consultation.