San Diego Theft Crimes Attorney
Strong Legal Defense from a Former Police Officer
Whether charged as a misdemeanor or a felony, a theft crime can seriously impact your life, especially if you are an immigrant. Thankfully, you have an opportunity to defend yourself from these accusations and tell your side of the story. No matter how overwhelming the evidence against you may seem, a solid defense strategy almost always has a chance of dropping or minimizing the charges against you.
Located in San Diego, Rodriguez Law Firm is led by a former police officer turned criminal defense attorney. We are committed to helping our clients through these difficult situations and fighting for the best possible outcome. Our clients include immigrants of all statuses, including those without documentation. At our firm, you will have a safe space to discuss your legal concerns.
Contact Rodriguez Law Firm to schedule a consultation with a proven criminal defense attorney.
About Burglary Charges
Burglary is a type of theft crime in which breaking and entering a structure occurs. Breaking and entering goes beyond just homes, and you can be charged with burglary for breaking into a car, cargo container, safe, or other structure. You do not have to actually take anything to be charged with burglary. As long as the prosecution can prove that you broke into a structure with the intent to commit a crime (even if that crime was never followed through) you can be convicted of burglary.
There are two classifications of burglary charges in California, which are:
- First-degree burglary – A felony offense which can be charged if the structure broken into was someone’s private residence. Penalties can include a maximum 6-year prison sentence and up to $10,000 in fines.
- Second-degree burglary – Also known as commercial burglary, this can be charged as a felony or misdemeanor. This refers to all breaking and entering crimes that do not involve a private residence. Penalties vary depending on whether it is charged as a misdemeanor or felony.
Intent is a critical component of a burglary charge. The prosecution will have to prove that you intentionally committed burglary for the purpose of committing a crime to secure a conviction. There are many possible defenses that can be used to combat this accusation.
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Robbery is a more serious classification of a theft crime. You could be charged with robbery if fear, intimidation, or threats were used to commit theft. A threat does not have to be explicit in order to qualify as robbery. Simply holding a weapon or making implied threats can result in a robbery charge.
The use of force or intimidation can take many forms, including:
- Holding a weapon in a threatening manner
- Drugging a person before taking their property
- Pushing or shoving
- Striking a person
- Blackmailing a person
- Threatening someone’s friends or family
Robbery charges are always charged as felonies. In most cases, they are charged as second-degree felonies with a maximum penalty of 5 years in prison and/or up to $10,000 in fines. If the robbery was committed against a public servant or other extenuating circumstances existed, it can be charged as a first-degree felony. These charges carry a maximum penalty of 9 years in prison and/or up to $10,000 in fines.