There are three types of Burglary: First degree, Second Degree, and Grant Theft Auto.
First Degree Burglary which is entering into an occupied home with the intent to commit a felony. A home that people live is an occupied residence even if they are not home at the time. If people are present when the burglary takes place the defendant can face enhancements make the prison sentence much longer. First degree burglary is a strike and considered to be a serious crime. Conviction of first degree burglary requires a mandatory prison sentence unless the judge finds that there are unusual circumstances that warrant giving probation. The Hanford Defense attorney can help you present these circumstances to the Judge if you are convicted of 1st degree burglary. Mr. Martens and Mr. Shimizu vigorously seek probation for my client who are caught and prosecuted for PC 459.
Some defenses to First degree burglary; Christopher Martens the Visalia criminal defense attorney can help you present several defenses such as you didn’t have intent to commit a felony at the time of entry, that the building was not occupied, or that you were not the person that committed the burglary.
Second Degree Burglary is entering a non-residential building with the intent to commit a felony. The most common defense to 2nd Degree burglary is that the intent to steal was formed after the person entered the store. If you decided to steal when you are in the parking lot of the store before you go in to Walmart, you have just committed a Felony, PC 459 second degree. However, if you are walking around inside Walmart and then decide that you want to steal a One Direction album you could be convicted of a misdemeanor petty theft.
Grand Theft Auto is a special kind of burglary, it is required to that you break-in to the car with intent to commit a felony. GTA has the added element of that the car must be locked. If you leave your windows down and someone steal your property out of your car they cannot be convicted a GTA. At best they could be convicted of a petty theft. The Tulare and Visalia criminal defense lawyer will help you fight these charges.