Criminal Defense Lawyers

Los Angeles Burglary lawyers

Burglary Definition

Burglary is defined in Penal Code 459 in California. It has several components: Entering any residential or commercial building or room with the intent to commit a felony or a theft once inside. It’s the criminal intent that makes it burglary. Even if the theft goes awry and it’s never completed, you’ve still committed burglary by entering the structure with the intent to commit a crime. To give you a clearer picture of the crime, here is the penal code in its entirety:

“Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel…with intent to commit grand or petit larceny or any felony is guilty of burglary.” This covers a lot of ground and a lot of different structures so that there’s little left to the imagination when it comes to the definition of burglary. There are two degrees of burglary, and which one you are charged with will determine whether you’re charged with a felony or misdemeanor.

First versus Second Degree Burglary

First-degree-burglary is the more serious of the two charges. It’s always a felony. If you enter an inhabited structure as described above with the intent to commit larceny or any other felony, you’ll be charged with first-degree-burglary. Since there are people who live in the dwelling or commercial building, it makes the offense more serious and gives it more potential for violence.

Second-degree-burglary is a misdemeanor. It involves everything involved in first-degree-burglary except that there are no people who inhabit the building or home. As a result, it’s a less serious offense.

Always remember that residential burglary is viewed as more serious than other forms, so make sure to never, ever face a charge like this without the help of a great lawyer. You’re facing an uphill battle all the way, but a lawyer increases your chances of achieving a more desirable outcome in your case.

Penalties

First degree burglary

First degree burglary is more serious and carries with it a state prison sentence up to 6 years as well as a $10,000 fine.

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Second degree burglary

Penalties here aren’t as severe because they’re a misdemeanor, but they include up to 364 days in jail and a $1,000 fine. Both of these can be imposed in either degree of burglary. For second degree, it will be time in county jail and not a state prison sentence.

Defenses

No matter what your situation is, there’s an attorney who’s encountered similar circumstances and knows how to present a defense on your behalf. Since intent is such a crucial element to the crime, your attorney can easily argue that you did not enter the building or residence with the intent to commit a crime. This can change the nature of the case and perhaps reduce the sentence or in some instances get it dismissed altogether. At the very least, this defense strongly suggests that your actions were’t burglary.

Some attorneys can argue that you’ve been mistaken for someone else and the person who burglarized the residence or building simply wasn’t you in the first place. It’s not a common occurrence, but these things have happened in the past. If someone believes they saw you burglarizing someone’s home but you KNOW it wasn’t you, your attorney can present a compelling defense and have you cleared of the charges in the end. That’s the best case scenario.

And even if you are guilty, there are attorneys who will work from a “best outcome” scenario. They may try to barter a plea deal that will benefit you and help you stay out of jail. They may fight on your behalf to get you probation. And sometimes they can argue to have the charges reduced to a lesser crime, something that benefits you in the long run, both in keeping you out of jail and in helping you avoid a felony (if it’s first degree burglary).

Call for Help Today

If you’re facing a burglary charge, just know that’s a very serious charge. You need to contact an attorney as soon as possible.