California Second Degree Burglary There's No Alternative

Orange County Second Degree Burglary Lawyer

Serving Clients in Orange County, Riverside, San Bernardino & Los Angeles

Penalties for Second Degree Offenses

2nd Degree Offenses in California can be handled as a misdemeanor or felony based on the specific circumstances of the case. The sentencing for each include:
2nd Degree Offense – Misdemeanor Charges:

  • 1 Year Imprisonment in the County Jail
  • $1,000 – Maximum Fine

2nd Degree Offense – Felony Charges:

  • 2 or 3 Years Imprisonment in the California State Prison
  • $10,000 – Maximum Fine

How Does The Prosecution Prove Intent?

Since “proving purpose of theft or felony” for entering a property is one of the main elements the prosecution needs in a burglary case, how is this typically proven? The answer includes:

  • How the accused dressed; did he or she where clothing to cover their identity?
  • What time of day the crime transpired; many burglaries occur when the accused stands a greater chance of not being seen.
  • If the burglar was caught with specific tools that are commonly used in burglaries like crowbars or hammers.

What Is Auto Burglary?

This is defined as breaking into a secured vehicle, with the purpose of stealing the car, possessions inside the car, or with the purpose of carrying out another crime. Auto Burglary carries the same sentencing as second degree burglary.

Stipulations for Breaking and Entering Laws

There are additional outlines in California Breaking and Entering Laws, and these include:

It is a felony to use explosives or items that have the ability to cut through steel or concrete, with the intent to enter, steal or commit a felony. Irrespective of where these burglaries are executed, felony charges apply for 3, 5 or 7 years of imprisonment.

While probation is used in sentencing for other crimes, this is not the case with California breaking and entering. Penal Code 462 stipulates that probation should not be granted unless there is a greater benefit in ordering this option. If probation is granted, the reasons have to be justified by the judge.

The Difference between Burglary and Trespassing

Trespassing is similar to burglary in that there’s usually an illegal entry in a property without the owner’s consent. However, distinctions between the two includes:

  • Trespassing does not include intent to steal or commit a felony as an element of the crime
  • Trespassing can occur on an empty land space

How to Fight Accusations in California

If you’re facing burglary charges in the 1st or 2nd degree, the Orange County burglary attorneys at the Law Offices of Randy Collins can help. We’ll bring the skill, experience, and personal care needed to give you a fighting chance at beating your charges.

Call our Orange County burglary lawyers today at (844) 285-9559.

WHY WE'RE THE RIGHT CHOICE

  • 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

GET DEFENSE FROM AN AWARD-WINNING TEAM OF ATTORNEYS

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

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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.

    "Glad I had Randy to guide me through it."
    I had the unfortunate experience of being too drunk one night in DTF which led to a Drunk in Public charge. I was able to hire Randy after looking online for a good lawyer. I ended up paying about $3,500 for his services and he got the case dismissed. It was an easy process. It was my first time getting in trouble with the law, and I am glad I had Randy and Chris there to guide me through.
    Juan
    "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!!
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    "In life you need a good mechanic, a good Doctor, and a Super Lawyer."

    There’s no words to describe Mr. Collins, not just as an attorney but a Super and Great Human Being. He has been an “Angel” and “Life Saver” for one of my family members.

    By Profession, I’m a Radio and TV Host, and I’ve interviewed and talked to quite a few in this Profession, and trust me when I say, that I’m so impressed with Mr. Collins and in today’s modern times it’s hard to find someone that works so hard, cares, and makes things happen!!!

    In life you need a good mechanic, a good Doctor, and a Super Lawyer. Trust him, believe in him and you become one of the “Winners” by hitting “Jackpot” with your legal needs:)

    Victor
    "He went above and beyond!"
    Mr. Collins is highly recommended. He really takes the time to listen and answer all your questions. He went above and beyond on helping me out with an issue that was never my fault.
    Erik
    "They are such a great team to work with."
    I was new in the US and I didn’t know anything or what to do from Day 1 from presenting my case to Randy. He reassured me that he would help me and that I shouldn’t worry. He was very supportive, responsive to every question no matter how silly it was he was very patient and comforting. He knew exactly how to address the problem and had a plan of action and after a long 2 years, he won my case I appreciate every effort Randy & Chris have done. They are such a great team to work with and I would recommend him in a heartbeat
    Dalia
    "An Attorney I Could Trust"
    I called to inquire about a case I was facing, this was one of the many attorneys I was speaking with during a free consult about my next steps. The future was looking more and more alarming as the implications of what I was facing were becoming clear. Halfway through explaining my situation, he interrupted me and asked some basic information, put me on hold for one second and came back telling me he had called around and found out that my case was not proceeding. Four other attorneys I had spoken to did not do this, and in fact had used scare tactics and worst case scenarios to try and hard sell me into signing a retainer. (unfortunately, the evening before I HAD with another attorney signed a retainer but thats for another review) Although I did not need to retain the services of this office, I believe that single action speaks worlds about the integrity, helpfulness, intelligence and capabilities of this office. In a world that is so difficult for the uninitiated, such as the legal system, it seems people are taking advantage of you at every turn. It was a welcome and uplifting experience to see the opposite of that with this law office and I am so grateful I was able to find them and know I could call them if anything were to ever happen to me later in life and know I could trust this team.
    Chris
    "Caring and Genuine Attorney"
    I called the office and right off the bat, I was super impressed at how much help I was receiving without even meeting in person. Chris (the guy who answered my call) is extremely nice and he explains everything so well. He told me how he used to work at the courts for many years (that gave me relief that he knew what he was talking about). Randy (the attorney) is delightful as well and put my worries to rest with his expertise and knowledge. You can tell by his demeanor and how passionate he speaks, that he is genuine and he cares about his clients. This office handles everything from DUI cases to just about anything criminal related.
    Former Client
    "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.
    Mary