Los Angeles Burglary Attorney

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Charged with Burglary in Los Angeles? Call a Criminal Defense Attorney Today

A burglary charge under Penal Code 459 PC is a felony that carries state prison time, a potential strike under California’s Three Strikes law, and a permanent record that follows you for life. Residential burglary is always a felony. Commercial burglary is a wobbler that can be charged as a felony or misdemeanor. In both cases the prosecution does not need to prove that anything was stolen — only that you entered with the intent to commit theft or a felony inside. If you have been charged with burglary in Los Angeles contact our office immediately. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against burglary and serious felony charges throughout Los Angeles County. Call (310) 448-1529 or contact our office today for a free confidential consultation.

Burglary Under California Law — What the Charge Actually Means

California Penal Code 459 defines burglary as entering any structure with the intent to commit theft or any felony once inside. The degree of the charge depends on the type of structure involved.

First-Degree Burglary — Residential

Any burglary of an inhabited dwelling including houses, apartments, hotel rooms, and houseboats. Always charged as a felony. Always a strike under California’s Three Strikes law. Sentence: 2, 4, or 6 years in state prison. Residential burglary carries the most serious consequences of any burglary charge and prosecutors pursue these cases aggressively.

Second-Degree Burglary — Commercial

Burglary of any non-residential structure including offices, retail stores, warehouses, and locked vehicles. A wobbler that can be charged as a misdemeanor or a felony. Misdemeanor: up to one year in county jail. Felony: 16 months, 2 years, or 3 years in state prison. The decision to charge as a felony or misdemeanor depends on the circumstances, the value of property involved, and your prior record — which is exactly why retaining counsel before any filing decision is made can significantly affect the outcome.

What the Prosecution Must Prove to Convict You of Burglary

Three elements must all be proven beyond a reasonable doubt. If any one of them fails the charge cannot stand:

  • Entry: the defendant entered a structure — even partial entry such as reaching through a window satisfies this element
  • Structure: the entry involved a legally recognized structure including a home, business, or locked vehicle
  • Intent at entry: at the moment of entry the defendant intended to commit theft or a felony inside — intent formed after entering does not qualify

Intent is almost always the central battleground. The prosecution cannot prove what was in your mind at the moment of entry so they build that case through circumstantial evidence — the time of the entry, possession of tools, behavior on the premises, and any statements made. Our firm challenges every piece of that evidence directly.

How Our Firm Defends Burglary Charges in Los Angeles

No Intent at Entry

The most powerful defense in most burglary cases. When the defendant entered for a lawful purpose — retrieving personal property, responding to an emergency, or entering under a genuine belief they had permission — the intent element is not satisfied. Our firm builds this defense through the defendant’s account of events, any communications establishing a lawful purpose, and the absence of any preparation for theft before entry.

Consent to Enter

An entry made with the permission of the property owner is not burglary. When permission was given — expressly or reasonably implied — our firm establishes consent through text messages, prior relationship history, testimony, and any other evidence that demonstrates the defendant had a legitimate reason to be on the premises.

Mistaken Identity and Insufficient Evidence

Many burglary cases are built on surveillance footage, fingerprints, and witness accounts that are subject to challenge. When the evidence connecting the defendant to the specific entry is weak or ambiguous our firm challenges every link in the prosecution’s chain — from the quality of the identification evidence to the chain of custody for any physical evidence recovered.

Suppression of Evidence

Burglary investigations involve searches of homes, vehicles, and persons. When a defendant was stopped without reasonable suspicion, searched without a warrant, or arrested based on unlawfully obtained evidence our firm files suppression motions immediately. Excluding key evidence from a burglary prosecution regularly changes the trajectory of the case.

Contact a Los Angeles Burglary Lawyer Today

A burglary charge in Los Angeles can result in state prison, a strike on your record, and permanent consequences that affect every area of your future. The earlier a burglary lawyer is working on your case the more options you have to challenge the evidence, fight the charges, and protect your record. With over 20 years of experience defending clients against burglary and felony charges throughout Los Angeles County Attorney Hashemi will review the facts, analyze the evidence, and begin building your defense from day one. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing burglary and felony charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.