The Law Office of Bradley Corbett

Call 24/7 for a free consultation. Nighttime and weekends welcomed.

619-800-4449 760-201-9839 Contact Us Now!

Over 17 years of experience
619-800-4449 760-201-9839

San Diego Burglary Lawyer

Talk to Us Now

How to Beat Burglary Charges in San Diego, CA

Prosecutors take burglary charges very seriously in California, even including burglary in our state’s three-strikes law, which drastically increases the penalties for second and third strike offenses. 

But if you’ve been charged with burglary in California, you don’t have to lose hope. The right lawyer could help to prove your innocence or get you less severe penalties. The Law Office of Bradley Corbett can help you understand how to beat burglary charges in San Diego, CA, and is experienced in defending cases like yours.

Burglary in California

There are many crimes under the category of burglary in California, including auto burglary, looting, commercial burglary, and others. A burglary is committed any time a person enters a residential or commercial structure (or vehicle) with the intention of committing a theft. This differs from a robbery because it does not include violence, and there is an intention of stealing in entering the structure.

Auto Burglary

Auto burglary occurs when a person temporarily or permanently steals a vehicle that belongs to someone else. There are three types of auto burglary:

  • Grand theft auto: This is classified as the intention of permanently stealing a vehicle.
  • Petty theft: This is forced entry into a car to steal items inside.
  • Other auto burglary offenses: This type of crime includes temporary auto theft and any other felony occurring inside a vehicle.

Grand theft auto is considered a felony, while petty theft is a misdemeanor crime. Penalties for auto burglary can range anywhere from fines to jail time.

Looting

Looting usually takes place when there is civil unrest or an emergency, and people take advantage of the chaos by stealing from stores or vehicles. Looting can include commercial burglary, grand theft auto, petty theft, or grand theft of a firearm. 

A person charged with looting could serve a minimum of 180 days in jail or up to three years in state prison. However, a skilled lawyer could make a legal defense based on misidentification of the defendant or on the basis that the defendant was a bystander.

Commercial Burglary

Commercial burglary in California is when an employee has an intent to defraud and accepts an item worth more than $250 from another employer as a bribe (without his or her own employer knowing). 

This could be charged as a misdemeanor if the bribe is worth less than $1,000 or a felony if the bribe is worth more than $1,000. Other penalties might include up to a year in county jail or three years in state prison. 

A burglary attorney could build a sound legal defense by showing that the defendant lacked intent to bribe another employer.

Breaking and Entering in California

Breaking and entering is one common form of burglary in California. This crime is defined as using force or another fraudulent means to intentionally enter a building or structure. The person doesn’t necessarily have to break something in order for the crime to be considered breaking and entering—it’s enough for the person to put any body part into a door, according to California law.

Contact Bradley Corbett Today

Are you facing burglary charges in San Diego? The knowledgeable team at Bradley Corbett’s office can defend you. We’re experts in burglary law and can help you understand the possible outcomes of your case and fight for your freedom. 

We know that the penalties of burglary charges in California can drastically alter the course of your life, especially if you’re a minor. Having a burglary on your criminal record could make it difficult to get a job, get higher education, or succeed in other aspects of life. We’ll do all that we can to defend you and reduce the penalties of your crime.

Contact us today if you’ve been involved in a burglary in California. We’ll use our years of experience to fight for you. Don’t wait. Get the counsel and strength of our legal team now.

Why You Need a Burglary Lawyer?

Defending Against Burglary Charges – California Penal Code 459

At the Law Office of Bradley Corbett, we understand that burglary charges under California Penal Code 459 carry serious consequences. Whether you are accused of residential burglary, commercial burglary, or a hot prowl burglary, you could face felony charges, significant jail time, and even a strike on your record. Hence, you will need a burglary lawyer on your side. With 18 years of experience aggressively defending clients in San Diego, El Cajon, Chula Vista, and Oceanside, I have successfully helped many individuals get their charges dismissed or reduced. I have built strong relationships with judges and prosecutors, which allows me to effectively negotiate the best possible outcomes for my clients. If you are facing burglary charges, do not wait—contact us today for a free consultation.

Understanding California Penal Code 459 – What is Burglary?

Burglary is defined as entering a building, structure, or locked vehicle with the intent to commit theft or another felony. Contrary to popular belief, you do not have to “break in” to be charged with burglary—simply entering with criminal intent is enough.

Types of Burglary Under California Law

Burglary charges are classified into two main categories:
  1. Residential Burglary (First-Degree Burglary)
  • Involves entering someone’s home, apartment, or any inhabited dwelling with the intent to commit theft or another felony.
  • Considered a strike under California’s Three Strikes Law.
  • Punishable by up to 6 years in state prison.
  • No probation is allowed in most cases.
  1. Commercial Burglary (Second-Degree Burglary)
  • Involves entering a business, store, or commercial property with intent to commit a theft or felony.
  • Can be charged as a misdemeanor or felony, depending on the circumstances.
  • Felony penalties include up to 3 years in county jail.
  • Misdemeanor penalties include up to 1 year in jail.

Hot Prowl Burglary – A More Serious Offense

A hot prowl burglary occurs when someone is inside the home at the time of the break-in. Because this creates a higher risk of confrontation, prosecutors often pursue the harshest penalties possible. If a weapon is involved or the victim feels threatened, charges can escalate to:
  • First-degree burglary with a firearm enhancement (adding 10 years to a prison sentence).
  • Robbery or home invasion charges (potential life sentence in extreme cases).

Elements of Burglary – What the Prosecution Must Prove

To secure a burglary conviction, the prosecution must prove:
  1. You entered a structure, vehicle, or home.
    • Any form of entry (even stepping inside a doorway) can satisfy this element.
  2. You had intent to commit theft or a felony before entering.
    • The prosecution must prove you planned to steal or commit a felony before entering—not after.
  3. The property qualifies as a residence or commercial space.
    • Residential burglary is treated more severely than commercial burglary.

Defending Against Burglary Charges – Law Office of Bradley Corbett

With 18 years of experience handling burglary cases, I have successfully defended clients in San Diego, El Cajon, Chula Vista, and Oceanside. I use an aggressive approach to challenge the prosecution’s case, negotiate with judges and prosecutors, and fight for dismissals or reduced charges.
  1. Lack of Intent
  • One of the strongest defenses in a burglary case is that you did not intend to commit a crime before entering the property.
  • If the prosecution cannot prove intent, the charges should be dropped.
  1. Mistaken Identity or False Accusations
  • Many burglary cases rely on security footage, eyewitness testimony, or circumstantial evidence, which can be unreliable.
  • If you were misidentified, we can present alibi evidence or challenge the credibility of the witnesses.
  1. No Unlawful Entry
  • If you had permission to be on the property or there was a misunderstanding, burglary charges may not hold up.
  • For example, if you entered a business during normal hours but had no intent to steal, it may only be a trespassing case rather than burglary.
  1. Illegal Search and Seizure
  • If law enforcement violated your rights by conducting an illegal search, any evidence obtained may be thrown out.
  • This could lead to a dismissal or a weakened prosecution case.
  1. Negotiating Lesser Charges
If dismissal is not possible, as your burglary lawyer we can:
  • Negotiate a plea deal to reduce a felony to a misdemeanor.
  • Argue for probation instead of jail time.
  • Pursue alternative sentencing options like rehabilitation programs.
Why Choose the Law Office of Bradley Corbett as your Burglary Lawyer?
  • 18 years of experience handling burglary cases
  • Aggressive defense strategies to challenge the prosecution
  • Strong relationships with judges and prosecutors in San Diego, El Cajon, Chula Vista, and Oceanside
  • Proven success in reducing charges or securing case dismissals
  • Personalized legal representation tailored to your situation
Bradley R. Corbett_Criminal Defense Attorney_Burglary Lawyer Contact Us Today – Protect Your Future A burglary charge under PC 459 can lead to serious legal and personal consequences, including jail time and a criminal record. You need a skilled criminal defense attorney who understands how to fight these allegations aggressively. The Law Office of Bradley Corbett has successfully defended clients in San Diego, El Cajon, Chula Vista, and Oceanside against burglary charges. We know how to challenge the prosecution’s case and protect your rights.

Contact bradley 24/7 nights & weekends

Don’t wait until it is too late! Delaying or even denying yourself the counsel and strength we can provide you could have life changing consequences. Call us today and let an experienced San Diego criminal defense attorney help you protect your freedoms, life, and family.

Talk to Us Now

Email: Bradley@Bradleycorbettlaw.com