Beat Burglary Charge There's No Alternative

How to Beat a Burglary Charge

Defense Strategies for Those Charged in Orange County and Riverside

If you’re trying to find out how to beat a burglary charge, you’ve likely fallen on hard times. Although many would not like to admit it, countless Americans are being buried by their financial requirements. Some of us have been lucky enough to do well, while others are hindered by a variety of close calls and let downs. But when times get tough, the tough get going. Unfortunately, it is not always to the best of places. When people are under a lot of stress, they can make decisions that are out of character to try to do what is best for themselves or their families.

Plenty of cases exist in which the defendant is innocent. Still, there are numerous others in which they’re guilty. Depending upon the circumstances, flaws in a prosecutor’s case may be exposed in various ways, allowing defendants to showcase facts that help convince a judge or jury of their innocence.

Our laws protect us by assuming that we are innocent until we are proven guilty. However, to protect your rights, you should take steps to defend yourself rather than assume that the prosecutor will fail to prove you are guilty. Experienced burglary lawyers have several strategies that they use to rebut the allegations made by the prosecutor.

For you to have the best chance of winning your case, you need an experienced attorney to mount a full defense on your behalf. Whatever your situation is, I highly encourage you to seek out the services of a Orange County burglary defense attorney that you trust to help get you on the right track.

Call the Law Offices of Randy Collins at (844) 285-9559 to discuss your options.

Although the following information could come in handy down the road, trying to implement any of it should only be attempted by a skilled attorney that is licensed in your state.

The Truth Will Set You Free

Imagine you are on an island with two other people. One day, the other islanders come running up to you saying that the other stole his toothbrush. One says that the other stole it and kept it. The other says it was stolen from him, but that he took it back.

Who are you going to believe?

Although one of them must be lying, they both have used the fact that one of them is currently in possession of that toothbrush as proof that they are telling the truth.

My point is that the truth may tell a hundred different stories and versions of a single event. It is the responsibility of the prosecution and the defense to use the truth to help prove their sides.

Many defendants make the mistake of lying to their attorney about what happened. Although they may think that this is in their best interest, more often than not, they are wrong. This is because lies often provide opportunities for the prosecution to use the facts against you.

If reliable evidence proves that your story is false, even the smallest part of it, a judge or jury are far less likely to believe anything that you have to say. Also, your new image as a liar could drastically alter their perception of you as a good person. If either happens, it will be much more difficult for you to avoid a conviction.

Creating a Defense Strategy: How to Beat a Burglary Charge

Once you tell your burglary defense attorney what happened, putting together a defense strategy should quickly follow. If you’ve selected a good lawyer, they will have experience assisting several other people who have been in situations similar to yours, which will help substantially during this process.

The following is an example from a real case that I recently won:

Frank called my office one day after he had been charged and arrested for residential burglary and attempted residential burglary, both of which are felonies in California. Had he been convicted of these crimes, he could have served several years in prison and be ordered to pay a lot of money in fines.

When he told me his story, he was very concerned. He said that two homes had been burglarized in Orange County that were within one mile from each other. He had been arrested at the second home with a bag that contained stolen items from the first. When he was arrested, he admitted to his arresting officers that the contents were his.

Despite the amount of evidence against him, Frank and I developed a defense strategy to help show that he was innocent. We showcased the facts and helped convince the jury that he only confessed to owning the items because he wanted to keep his friend out of trouble.

In the end, Frank was found not guilty of both burglary charges and guilty of possessing stolen property. He was immediately released and granted probation for his offense.

Frank and I were successful because we used the facts to help prove Frank’s story.

If your account is true, but the facts do not support it, you are going to have to consider other options.

One-Size-Fits-All Does Not Apply For Creating Your Best Defense

Just as each burglary charge is unique, the circumstances surrounding the allegations are also unique. This is not a “one-size-fits-all” situation where what is best for one person will always be best for another. In fact, trying to duplicate another person’s strategy from a different court could make things worse.

Your lawyer should understand your various options and devise a strategy that is unique and personalized to fit the specific circumstances and facts surrounding your offense. Strategies must be tailored for each case for you to have the best chance of winning. The prosecutor must prove beyond a reasonable doubt that you are guilty for you to be convicted and sentenced. Any attorney with any degree of competence will use this to their advantage when defending your rights in a court of law.

It is never advisable to use the same strategy as someone else just because it has worked for them. Unless the facts and circumstances of your case are identical in every way to another case, the ‘one-size-fits-all’ strategy may blow up in your face and result in your being sentenced to hard time in prison.

Common Defenses to Burglary Charges in California

While there is no one absolute defense that will work best in every case, attorneys have developed several common strategies that have worked in numerous cases. A good lawyer can use these basic arguments and tailor them to fit the facts and circumstances of their client’s situation.

  • Mistaken identity – If the description of the alleged perpetrator can fit any number of people, the attorney may be able to argue that this is a simple case of mistaken identity. This is a strong defense if you have a witness that can place you somewhere else at the time of the alleged act.
  • Improper questioning – If the arresting officer failed to read you your Miranda rights at the time of your arrest, anything you said after your arrest might be inadmissible in court. Furthermore, any evidence that was discovered as a result of your answers to improper questions may be thrown out as well.
  • You had permission to remove the items in question – This may be used if you took the items in question and truly believed that the owner gave you permission to remove them. This is typically used in situations where the defendant is the actual owner of the property or when the owner of the property has willingly invited the defendant to enter, knowing that the defendant may have illegal intentions.
  • Alibi – An alibi is often the best defense in cases where the defendant was not arrested at the scene of the crime. If the lawyer can present witnesses or other evidence that proves that you were somewhere other than at the scene of the crime when the crime was committed, you can avoid a conviction.
  • Illegal search and seizure – For a police officer to search you or your property, they must have probable cause or obtain a search warrant. Under the Fourth Amendment of the U. S. Constitution, we are protected from illegal searches and seizures. Any evidence that was obtained through an illegal search will be inadmissible in court.
  • Lack of intent – An element that a prosecutor must prove is that you had the intent to commit theft or another felony when you entered a location. If you did not have the intent to commit a crime when you entered the premises, you could not be found guilty of this offense. For example, if you had been drugged before entering the premises and only decided to take something after you were inside, your attorney may be able to use this to defeat the charges. Voluntary intoxication is typically not considered a valid defense under a lack of intent.

Hire The Best

When your freedom is on the line, you shouldn’t have to settle for a second-rate attorney. You will not be able to successfully use some of the above strategies without the assistance of a lawyer who understands the specific laws and who can file the proper motions and make the correct arguments to convince a judge or jury that you are innocent.

Our attorneys have years of experience helping defendants in Orange County and Riverside learn how to beat their burglary charge. We will do our best to assist you as well.

Whether you’ve been caught with burglary tools or were found burglarizing, contact the Law Offices of Randy Collins at (844) 285-9559 today to obtain a free confidential case evaluation.


  • Over 45 years of Collective Experience
  • Thousands of Cases Successfully Handled
  • Former Deputy District Attorney
  • Impressive Track Record of Results
  • Highly Respected by Peers and Clients
  • Free Initial Consultation


Over the years our firm has earned numerous awards and accolades for delivering outstanding legal representation. Some of our awards include: Admission to The National Top Trial Lawyers Association since 2014, AVVO Rating 10.0 Superb Rating, American Institute of Criminal Law Attorneys Award "10 Best Attorney Client Satisfaction" in 2018, Nationally Ranked Top 100 Under 40 in California Attorney Award in 2017, Member of the Newport Beach Chamber of Commerce since 2018, Martindale-Hubbell Accredited Law Firm, Distinguished in Orange County Metro "Top Attorneys" section, and Featured in Orange Coast Magazine in April 2010 as one of "Orange County's Best Criminal Defense Attorneys".

  • Best Criminal Defense in Irvine - 2022
  • Best DUI Lawyer In Irvine- 2022
  • Best DUI Lawyer in Santa Ana - 2022
  • Best Criminal Defense Lawyer New Port Beach- 2022
  • 10 Best Attorney
  • Top 100 Trial Lawyers
  • Under 40
  • avvo 10.0


Schedule a Free Consultation Today

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

CLient Reviews

At Law Offices of Randy Collins, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Man of his word - got the issue resolved."
    I hired Randy after my previous attorney failed to give me proper information and caused me to violate my probation. Randy appeared in court for got the issue resolved without any head aches. He was a man of his word and I highly recommend him.
    "Trustworthy, honest, hard working and caring attorney."
    If anyone needs a trustworthy, honest, hard working and caring attorney, it’s without any doubt, Mr. Randy Collins. I have had many contacts throughout my lifetime, and I have never ran into such a professional in the law field. He’s also a very caring individual that listens to the client and shows great respect.
    Best Criminal Defense Attorney"
    I could not be more grateful or complimentary of how Randy handled my case, as well as the easy communication and genuine care for my well-being. I could not recommend Randy more.
    "Randy is one of the best attorney's you could ever have."
    Randy is one of the best attorneys you could ever have. I’m eternally grateful to Randy and his team for his dedication and professionalism. Randy is very brilliant when it comes to felonies, probation violations, or other criminal cases... Randy is the best lawyer you can have. when other lawyers told me they couldn’t help me out... Randy always told me he can help me and there was never an impossible case to bring in his favor. He was always in touch and keeping me updated on my case, and he gave me the peace and comfort I needed during difficult times. This is the second time he has had to help me stay away from jail. I will never look into other lawyers. I’ll be a loyal client to Randy from now on. You are #1, Randy. Thank you
    "The one attorney you want on your side!"
    He is amazing!! I'm am happy to say that my daughter's charges were dismissed! Randy did an excellent job!!! I couldn't have made a better decision the day I called his office.
    "All my friends' cases either dismissed or reduced significantly."
    Randy is a great attorney that has helped me out of a bad situation. I refer all of my friends that get in trouble and he has gotten all of their cases either dismissed or reduced significantly. You definitely get what you pay for when you hire this firm.
    Chris H.
    "Randy is the obvious choice!"
    Randy worked tirelessly for over two years to have my case dismissed and I can’t thank him enough for everything that he did for me.
    "We are forever thankful to have found Randy."
    I cannot express how grateful I am to Randy and his team for the amazing job representing my dad. He was detailed, dedicated, and truly caring for my family throughout the entire process. We are forever thankful to have found Randy. It is rare to find a legal team that feels like extended family. We truly felt so cared for by him and Chris. His knowledge and expertise helped guide us through a very difficult situation and we are so happy to have found this team. I would refer Randy to anyone looking for legal representation. Randy is the best lawyer to call!!