Burglary Defense Fresno

Burglary under California Penal Code 459 is defined as entering a structure with the intent to commit theft or any felony. In Fresno County, burglary charges are divided into first-degree burglary (residential) and second-degree burglary (commercial). The key element is intent to commit a crime at the time of entry, not whether any crime was actually completed. Our burglary defense attorney in Fresno challenges the prosecution's evidence of intent and entry.

First-degree burglary in Fresno involves entering an inhabited dwelling and is always charged as a felony with a potential sentence of 2, 4, or 6 years in state prison. Second-degree burglary can be charged as either a felony or misdemeanor depending on the circumstances and the defendant's criminal history. Our burglary lawyer in Fresno works to reduce felony charges to misdemeanors when possible.

Successful burglary defense in Fresno often focuses on challenging the element of intent. If you entered a structure for a lawful purpose or without intent to commit a crime, you cannot be convicted of burglary. Our burglary defense attorney in Fresno also challenges whether the entry was unauthorized, whether the structure meets the legal definition of a building, and whether the prosecution can prove identity beyond a reasonable doubt.

Another common defense is lack of entry. California law requires that some part of the body or an instrument under the defendant's control cross the threshold of the structure. Merely reaching through an open window may not constitute entry for burglary purposes. Our burglary lawyer in Fresno carefully examines the evidence to determine whether a legal entry occurred.

Consent or right to be present can also defeat burglary charges in Fresno County. If you had permission to enter the structure or believed you had such permission, the entry is not unlawful. Our burglary defense attorney in Fresno investigates the relationship between the defendant and the property owner to establish any basis for lawful entry.