Burglary Law

Burglary law refers to the prosecution and defense of crimes in which the defendant is accused of entering into or remaining inside a structure with the intent of committing a theft or other serious illegal act. The offense is usually treated as a felony, meaning that convicted individuals face a year or more in prison. Many states impose enhanced penalties if the structure entered into is a home, or if it was occupied at the time the crime was committed.

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Burglary Lawyers USA - Recent Legal Articles

  • What Are the Laws Against Looting?
      by HG.org

    After a natural catastrophe, riots, terrorist attack, or other devastating event, it is not uncommon for some members of society to take to the streets and begin taking almost anything they want. Sometimes looters only take necessities, like food, water, and toilet paper, but more often than not, looters are taking items of value like televisions, computers, jewelery, etc. How does the law deal with this and what are a person's rights when trying to prevent looting?

  • When Law Enforcement Cannot Solve It, Private Recovery Agency Tracks Stolen Art
      by HG.org

    What happens when famous pieces of art are stolen and law enforcement leads run dry? Private recovery agencies are called upon to bring back these multimillion dollar masterpieces, often taking years to track the work, earning staggering fees, and blurring the line between legal and illegal activities.

  • Expungement of Petty Theft Conviction a Mistake, Although Defendant Consequently Faces Deportation

    In 2011, he again attacked his 1997 petty theft conviction, by way of an “invitation” that the court dismiss the judgment of conviction under Penal Code § 1385. It merits mention parenthetically that only prosecutor can move to dismiss a case under section 1385. Thus, a defendant must instead “invite” the judge to exercise his discretion under 1385 to dismiss the case.

  • First Degree Residential Burglary is a Crime of Violence Under Immigration Laws

    In 2007, Ramiro Ramos-Medina was convicted after a jury trial of First Degree Residential Burglary, a violation of Penal Code § 459. The judge sentenced him to two years in state prison. Mr. Medina was not a U.S. citizen. Immigration officers told him that his conviction was a “crime of violence” under 8 U.S.C. § 16(b) and thus, an “aggravated felony” under the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and § 1227(a)(2)(A)(iii).

  • Conviction Reversed for Possession of Burglary Tools (Penal Code § 466)

    In newspapers, one often reads of someone being arrested and charged with the possession of burglary tools. Perhaps one has even more personal knowledge of such charges. Rhetorically speaking, just what are “burglary tools?” If one is arrested while attempting to begin a residential burglary and is found to have blue latex gloves and a large black bag, are these “burglary tools?”

  • What is Commercial Burglary (Penal Code § 459) and What Are the Defenses?

    Commercial burglary, defined at Penal Code § 459, is the entering of a shop, store; office building, or any other commercial building with the intent to steal and then stealing something. This crime is also defined as entering a commercial building with the intent to commit a felony other than stealing the property of another.

  • Opening a Garage Door with a Stolen Garage Door Opener is Only Attempted Burglary, Not a Completed Burglary

    Our offense has received several calls over the years about a romantic relationship that ended, but one party retains possession of a remote control garage door opener to the garage of the other person. The caller asks us what we can do or they should do to prevent the other party from burglarizing their home, where they are no longer welcome.

  • Overview of Misdemeanor Charges in Las Vegas

    Misdemeanor Charges - A misdemeanor is an offense that the criminal justice system considers less serious than a felony. The offense is normally punishable by fines up to $1,000 and imprisonment for up to six months. Felony offenses are punishable by a year or more in prison. Misdemeanor sentences are typically served in a local jail.

  • Five Men Charged with Armed Robbery in Newport Beach

    The consequences of armed robbery in the state of California can be severe. Much of the penalties are determined on whether or not it was first degree robbery or a second degree robbery. If the suspect was carrying a dangerous weapon that obviously worsens the verdict.

  • Judge Makes Mistake in Sex Offender Registration after Sentencing for Felony Child Endangerment

    Defendant Toni Allexy, age 38, was a high school cheer leading coach. She invited a fourteen year old football player from the school to her house and encouraged him to drink alcohol with her. He did so. After getting the victim drunk and becoming, in her description, “beyond drunk,” she took the victim to her computer room, where alone with just him, she drew her initials on his check.