Newport Beach Burglary cases are prosecuted under California Penal Code 459. Some burglary offenses are misdemeanors, while others are felonies, which one you will be charged with depends upon the circumstances surrounding your particular alleged offense. Contact our Newport Beach criminal lawyers today for a free burglary case evaluation with no obligation to retain our services.
Newport Beach Burglary is the breaking and entering into a property other than your own, and with the intent to steal or commit a crime. The difference between first and second degree burglary depends on where the offense occurred. Here’s why:
First Degree Burglary – is entering the property of a residence with the intent to steal something, set the stage for another crime, or commit another felony offense.
The penalties for first-degree burglary in Newport Beach include:
- Up to six years in the California State Prison
- Up to $10,000 in fines
Second Degree Burglary – is entering the property of any other place aside from a residence, and this was done with the calculated plan of stealing or committing another crime.
The penalties for second-degree burglary in Newport Beach include either:
- Misdemeanor 2nd Degree Burglary – Up to I Year in Jail | Up to $6,000 in fines
- Felony 2nd Degree Burglary – up to 3 Years in prison | up to $10,000 in fines
The following fictional story could be considered an example of first degree burglary:
Sandy and her girlfriend have been burglarizing businesses for years. Their new “score” had been scoped out and they were ready to move in. They went in at night and in the middle of their burglary, a person came out of nowhere and threatened them with a gun. They soon learned that the business owner resides within the building. They wait for police to arrive at which time Sandy and her friend are charged with first-degree burglary.
Minimum or maximum sentencing for Newport Beach burglary depend on factors like:
- If a weapon or firearm was used during the course of the burglary
- If someone was injured
- If so, the extent of the victim’s bodily injuries
If you are facing burglary charges, the criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.