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Burglary Criminal Defense Attorneys: California Penal Code Section 459

Kestenbaum, Eisner & Gorin, LLP, is a top-rated and nationally recognized criminal defense firm. Our criminal defense lawyers have been helping clients throughout all San Fernando Valley courtrooms to obtain successful results for over 50 years.

Our defense firm specializes in the defense of all felony Burglary charges, as defined by the California Penal Code Section 459. When we work with our clients accused of Burglary crimes, we do everything possible to make sure that they receive aggressive representation in and out of court. That is why we have been annually selected as a Top 5% U.S. Pre-Eminent Law Firm by Martindale-Hubbell, a nationally-recognized law firm review service.

Definition of Burglary Crime

California Penal Code Section 459 defines Burglary as the entering into a building with the intent to commit grand theft or petty theft. In California there are two types of burglary offenses: Residential First Degree Burglary and Commercial Second Degree Burglary. First degree burglary is always prosecuted as a felony and counts as a strike on your record. In contrast, second degree burglary can be charged as a misdemeanor or a felony and does not count as a strike on your record.

First degree burglary is any burglary that is committed in an inhabited dwelling, namely a home. The penalties are much more severe than those for second degree burglary and can be anything from probation to up to six years in state prison. Also, it is important to recognize that a residential burglary is always considered a strike on your record. This can have potential ramifications if any felonies are committed in the future. It can lead to doubling of prison sentences and life in prison if it is a third strike.

Second degree burglary, on the other hand, is any burglary that does not occur in an inhabited dwelling. Often this is referred to as commercial burglary and most often takes place in businesses. Depending on the value of the goods stolen, you can be charged with misdemeanor or felony commercial burglary. For a misdemeanor the maximum penalty is one year in county jail and the maximum penalty for a felony is three years in prison. Second degree burglary is not a strike on your record.

An experienced attorney can help you fight the crime of Burglary in court. It is always in your best interest to retain the services of an aggressive and knowledgeable attorney who can help you to establish a successful defense. Our criminal defense attorneys are former prosecutors who understand firsthand what the state must prove, and work tenaciously to find weaknesses in the government case.

Aggressive Defense to Burglary Charges

At Kestenbaum Eisner, & Gorin, LLP, we provide an aggressive and impassioned defense to Burglary charges. With a private investigator on staff, our experienced criminal defense attorneys will do everything possible to the ensure that you are presented in the most favorable light to the judge and jury, while working to get such serious charges dropped or substantially reduced. We specialize in aggressively defending Penal Code 459 Burglary cases in the following courthouses: Van Nuys, San Fernando, Santa Clarita, Burbank, Glendale, Pasadena, Sylmar Juvenile, Pasadena Juvenile and throughout all Los Angeles County courts. If you have been charged with a serious criminal offense, call the criminal defense attorneys at Kestenbaum, Eisner & Gorin, LLP, at (877) 781-1570. Our knowledgeable legal team can evaluate your case issues and advise you of your legal options before you go to court.

Contact the law firm today and receive an immediate response to your inquiry! Our main office is directly across the street from the Van Nuys Courthouse and Van Nuys LAPD Jail.