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July 2, 2020
Comments Off on If One Can I Be Arrested For Burglary Without Breaking And Entering

If One Can I Be Arrested For Burglary Without Breaking And Entering

Can I Be Arrested For San Diego Burglary Without Breaking And Entering?

The easy answer is yes. The term “breaking and entering” is something that a lot of people ask about any may hear on television. However, technically there is no criminal charge in California for “breaking and entering.”

To be guilty of Burglary, the prosecution has to prove that the Defendant simply entered a building with the intent to commit theft or a felony within the building.  For example, a common burglary charge occurs when an individual is arrested attempting to shoplift and the police find a “shoplifting tool” that the Defendant brought with him or her to the store. The prosecution will then often charge the individual with burglary and use the possession of the tool to prove that the Defendant entered the store with the intent to commit theft.

Due to the fact that Burglary only requires entering the building with the intent to commit theft, technically, someone can be charged with burglary even if they did not commit theft inside the building. The crime occurs upon entering the building with the requisite intent. Whether the actual theft is committed is another possible charge.

This intent requirement makes Burglary a very unique criminal charge in California because it requires the prosecution to prove what was inside the Defendant’s head at the time he or she entered the building. This can be done with circumstantial evidence, such as the possession of a tool as described above.

Call or Text a Skilled San Diego Burglary Attorney To Help With Your Case

If you or someone you know has been charged with Burglary, call or text The San Diego Criminal Defense Pros at 619-493-1207 for an experienced San Diego Burglary defense lawyer today!.

July 2, 2020
Comments Off on San Diego Burglary Lawyer

San Diego Burglary Lawyer

San Diego Burglary Attorneys Help

Having the right San Diego burglary attorney is very important in getting your case dismissed or reduced.  Penal Code 459 states that every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, floating home, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, any house car, inhabited camper, vehicle, when the doors are locked, aircraft, or mine or any underground portion thereof, with intent to commit grand or petty larceny or any felony is guilty of burglary.

Penal Code 460 gives the degrees of Burglary by providing that every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree.  All other kinds of burglary are of the second degree.

Punishment for Burglary in San Diego, CA

Penal Code 461 provides the punishment for Burglary as follows:

  • Burglary in the first degree by imprisonment in the state prison for two, four, or six years; and
  • Burglary in the second degree by imprisonment in the county jail notexceeding one year or in the state prison.

Get Free Consultation From Experienced San Diego Burglary Defense Attorney

Call now! do not wait. Your freedom is at stake.

December 6, 2016
Comments Off on Public Urination California – The Penalty And Penal Codes

Public Urination California – The Penalty And Penal Codes

Urinating In Public In California Is A Criminal Offense

Public urination in California is an offense.  California residents and visitors must be made aware that urinating in public in the state is deemed a serious crime which, upon conviction, could incur heavy consequences such as:

  • Fines and jail term

Understanding California Laws on Public Urination

Public urination in California is an offense parked under disorderly conduct as stated in the California Penal Code section 647. It could also be charged as an offense in being a public nuisance under California Penal Code sections 370 and 372.

Usually, those who are arrested for public urination are those who exhibit certain forms of disruptive behavior in public which is often caused by intoxication. It is possible for public urination to be charged as an indecent exposure which is a more serious crime under California Penal Code section 314. However, it is still considered a misdemeanor of lewd behavior.

Penalties and Consequences For Misdemeanor Public Urination Charges

Although public urination could be charged as a misdemeanor in California, it could incur unfavorable penalties that include:

  • Maximum one year imprisonment in a county jail
  • Fines between $50 and $500
  • Community services

Social dire consequences may come on later when the offender finds hindrances to:

  • Getting a job
  • Renting an apartment
  • Applying for a professional license

These adverse social consequences are caused by the offender’s criminal record which cannot be expunged unless on special circumstances or court request. The offender of this seemingly minor offense is deemed a serious criminal in the eyes of the public and local authorities.

Get Legal Assistance The San Diego Criminal Defense Pros

Offenders of public urination charges should not take the charge lightly with a criminal record for life at stake. This seemingly light misdemeanor charge could upset the offender’s life for life unless professional legal advice is sought from experienced and competent criminal defense lawyers who are experts in this area.

It is expedient for the offender to hire an experienced California criminal law attorney who is well versed with such charges to activate a professional and aggressive legal representation that reduces or dismisses the charge. Please contact us for free consultation.


June 5, 2016
Comments Off on Hit and Run Penalty – Sentencing, Penal Codes, Felony or Misdemeanor

Hit and Run Penalty – Sentencing, Penal Codes, Felony or Misdemeanor

Hit and Run First Offense Or Multiple Offense – Hit and Run Penalty Is Severe

Hit and run penalty is a severe in CA where drivers at fault panic and flee from the scene immediately. Some may surrender themselves after being recomposed in mind and body but many tend to hide in their guilt and fear for life.

California Penal Code on Hit and Runs

Hit-and- run offenses occur when the accident involves human lives and heavy property expenses that the driver-at- fault might be incurred. DUI offenders are common guilty parties to hit-and- run cases to avoid another serious charge by the law.

Vehicle Code 2001 and Vehicle Code 2002 are the two common laws on vehicle accidents in California. The former involves injury or death while the latter involves damage to property only.  Both statutes insist on the accident-involved drivers to provide their name and current address to one another before making a police report on the incident. The code lists hit-and- run incidents involving injury and deaths are punishable if convicted with:

 fines between $1000 and $10,000

 imprisonment for a maximum of 4 years

Hit-and- run incidents which cause damage to property alone is punishable with:

 maximum fine of $1000

 Maximum 6 months county jail time

California Hit and Run Charges – Misdemeanor or Felony

In California, hit-and- run offenders could be charged heavily even if the driver is not at fault

as it is a crime to flee the accident scene without providing the necessary contact

information to the other involved drivers or parties.

Vehicle Code 20001 applies for any injury incurred even for own car passengers. Hit-and- run

drivers could be justified for leaving the accident scene if emergency medical attention is

required for self or passenger.

Vehicle Code 20002 applies to accidents with property damage which may not necessarily

be vehicles involved in the accident.

Hit-and- run offenses are not limited to accidents occurred on the highways and public roads

alone; parking lot collisions are also subject to the heavy consequences if the driver failed to

leave their contact information to the other party.

Hit and Run  Sentences

A Hit-and- Run offender could resolve a misdemeanor charge via a civil compromise. This would activate Penal Code 1377 for certain misdemeanor offenses that allow a resolution of a hit-and-run accident via a civil settlement instead of criminal punishment if all involved drivers agree. Otherwise, convicted offenders of hit-and- run offenses could be subject to harsh punishments by the law such as:

 Probation

 Jail time

 Revocation of license

The penalties for a hit-and-run felony in California include:

 Heavy fines between $5,000 and $20,000

 incarceration of maximum 15 years

Get Free Consultation from A Criminal Defense Lawyer

If you are charged or accused of a hit-and- run offense, it is best that you contact an

experienced California criminal defense attorney in San Diego who could advise on the best course of action in the

eyes of the law.


May 20, 2016
Comments Off on Possession of a Stolen Firearms Penalty and CA Prop 47 – The Charges, Penal Codes, Sentencing

Possession of a Stolen Firearms Penalty and CA Prop 47 – The Charges, Penal Codes, Sentencing

Is Possession Of A Stolen Firearm Penalty A Felony Or Misdemeanor in California?

Because of California proposition 47,  possession of a stolen firearm sentence/penalty that used to be a felony is now considered a misdemeanor if the firearm is under $950.  Illegal possession of firearm ,especially, stolen guns can have a dramatic effect on the case of the defendant. This is a charge that can have two major impacts on the defendant as far as their criminal record is concerned. In California, possessing a firearm can fetch you additional charges. For example, persons who are addicted to controlled substances are prohibited from possessing guns under federal statutes. Therefore, when arrested for gun possession charges, but then the police find evidence of you being an addict, you get additional weapon charges. The same goes to persons who have protective orders against them; they stand to be charged even when there are no other offenses associated or any violent acts committed.

Apart from the additional charges, the second impact of possessing a firearm is on current charges. If you are found with a gun when committing an offense, then the charges are elevated. For instance sealing without any force attracts Class A misdemeanor, but when a gun is displayed during the robbery, then the charge is aggravated to robbery and the punishment is higher. Other charges like family violence, escape and sexual assault are also elevated when there is evidence of gun possession.

What is The Charges For Possession of a Stolen Firearm

The factors surrounding the gun possession determine the type of punishment the defendant gets. If you are found with a firearm after protective order, but have no other offense, higher misdemeanor is attracted or you might get lower felony level punishment. It could be anything from probation, two years in jail; felony can get you up to 10 years in jail.

When you are found in possession of the firearm in the process of offense commission, such as burglary or theft, then the charge is aggravated. The defendant faces stiffer punishment that could be anything between five years and ninety nine years.

CA Prop 47 and Lower Sentences for Possession Of  a Stolen Firearm Charges

Back in 2014 California voters approved Prop 47 which is referred to as Safe Neighborhood and Schools Act. This proposition changed the sentencing laws for misdemeanor and felony crimes, including possession of firearm. Under this Prop, stealing a firearm that is around $950 and below is charged as a misdemeanor and not a felony. Instead of attracting up to three years in jail, it is now a charge that attracts maximum of 12 months in prison.

The sentence reduction under Prop 47 applies to defendants who have no previous convictions of felony or those that are not guilty of other types of misdemeanors. Felony convictions that are for gun related crimes using stolen firearms therefore still remain felony.

 Contact Our San Diego Criminal Defense Lawyer To Learn How We Defend Possession Of A Stolen Firearm Charges Using California Proposition 47

If you are charged with possession of firearm in California, find a reliable criminal defense attorney for 24/7 free consultation and best legal representation. We can try to use prop 47 to reduce your sentence too. Call The San Diego Criminal Defense Pros now!