(Penal Code section 459)

Pursuant to California law, burglary is defined as entering a building, vehicle, vessel or cargo container with the intention of either stealing or committing a felony. The government does not need to prove that you actually stole something or that you actually committed a separate felony inside of the building or structure; the government simply needs to prove that it the time you entered the building or structure you intended to steal or to commit some other felony therein. In Orange County California, and throughout Southern California these are commonly charged crimes.

Not all burglaries are the same. There are two basic types of burglary in California:

• Burglaries that are committed in an inhabited dwelling, like someone's home, are classified as first degree burglaries and are commonly known as "residential burglaries."

Any allegation of first degree or residential burglary is necessarily a felony allegation. First-degree burglaries are home invasion burglaries and therefore the law provides for very severe penalties which can lead to a sentence to as much as six years in state prison. Additionally, because first-degree burglary is considered a serious felony in California the law deems it to be a strikeable offense pursuant to California's three strikes law. That means that if convicted you will serve at least 85% of your prison or jail sentence, regardless of good behavior, good time/work time, or other circumstances. Like all strikes, it has serious consequences if you were convicted of another felony upon your release from prison; your prison sentence automatically doubles on a second strike, and you must serve at least 80% of that sentence. As is well publicized, on the third strike you may be in prison for life.

As the serious nature of this charge is apparent, it should also be apparent that one who is accused of such a charge requires the absolute best and brightest representation. It is not sufficient to hire a lawyer that is simply seeking a plea bargain. This type of case must be aggressively prepared, vigorously defended, and intelligently analyzed to help avoid disastrous consequences. At the Law Office of Keith J. Bruno, we demonstrate each of the above traits on a daily basis with each case that we handle. Mr. Bruno handles a select number of felony cases and intends to win each one, including yours.

• The other type of burglary in the state of California is commercial burglary and this can be charged either as a felony or misdemeanor (often referred to as a "wobbler"). The common example of a commercial burglary is if someone enters Sears or Vons with the intent to steal something. Again, it is not necessary that the person actually steal something from Sears or Vons. It is enough to satisfy the statute if at the time the person entered Sears or the Vons, they intended to steal something from the store.

Second-degree burglary, also known as commercial burglary, is generally charged when you are accused of entering a business establishment to commit a crime inside the business; typically theft.

To be convicted of a commercial burglary the state must prove beyond a reasonable doubt that at the time you went into the store, you intended to commit a theft or felony inside. The government will oftentimes prove this by getting the accused to make statements immediately after they are arrested. This is why it is imperative never to talk to the police if you were being investigated for a crime.

The charge of commercial burglary can be either a misdemeanor or a felony. The decision is generally left up to the prosecutor. The factors upon which the prosecutor bases his or her decision is generally the accused's prior record, if there was an actual taking, the value of the items taken and whether there are any other aggravating or mitigating factors that would speak to a misdemeanor or a felony charge.

While a commercial burglary charge is not necessarily as serious as a residential burglary charge, the commercial burglary charge can have serious consequences. If it is charged as a felony, state prison is the most severe consequence. If it is charged as a misdemeanor, one year in the county jail is the most severe consequence. These are generally the obvious consequences. However, a conviction for a commercial burglary whether felony or misdemeanor, can have many hidden consequences. This is a theft crime; many future employers will not hire someone who has a theft crime in their background. Those people are viewed as untrustworthy. Nearly all jobs require the handling of money or handling of accounts of a business where money is transacted. Your ability to earn a living in the future may be affected by the commercial burglary charge that you pled out two when you were 19 years old. Accordingly, it is imperative that you hire an aggressive, intelligent, and diligent attorney to defend your rights. At the Law Office of Keith J. Bruno Mr. Bruno will defend zealously your rights.

If you have been accused of residential burglary or commercial burglary, contact the Orange County, Los Angeles and San Diego criminal defense firm of The Law Office of Keith J. Bruno. We offer a free face-to-face consultation and can work out a payment plan in most situations.

The Newport Beach, Orange County, California, Law Office of Keith J. Bruno represents Californians who have been accused, charged, or arrested for criminal offenses in Orange County, Los Angeles, Riverside, San Bernardino and San Diego.