
Burglary Lawyer in Dublin
Facing Burglary Charges in Alameda County? Protect Your Rights and Reputation
Facing a burglary charge in Dublin can be daunting and carries serious consequences. Burglary involves unlawful entry into a building with the intent to commit theft or another felony. Navigating these charges requires a thorough understanding of local laws and a strategic approach tailored to your situation.
Our team at The Law Office Of Christopher A. Lamiero is dedicated to protecting your rights with insight gained from years of experience in the criminal justice system. Moreover, we recognize the emotional and financial stress that comes with facing criminal charges. Our comprehensive approach not only addresses the legal aspects but also offers guidance through the stressful experience, ensuring you are fully supported.
Get strategic guidance from a proven burglary lawyer in Dublin. Call (925) 259-3337 today or contact us online to schedule your consultation and start building your defense.
What Constitutes Burglary Under California Law
Under California Penal Code § 459, burglary is defined as entering any residential or commercial structure (or locked vehicle) with the intent to commit theft or any felony. There are two primary degrees of burglary:
- First-degree burglary – Also known as residential burglary, this involves entering an inhabited dwelling such as a house, apartment, or even a tent or trailer where people live.
- Second-degree burglary – Often called commercial burglary, this occurs when someone enters a business, store, or other non-inhabited structure with criminal intent.
A conviction for either charge can result in severe penalties, including imprisonment, fines, probation, and a permanent criminal record.
Prosecutorial Burden: What Must Be Proven
To secure a conviction for burglary, the prosecution must prove several key elements beyond a reasonable doubt:
- You entered a building, room, locked vehicle, or structure.
- At the time of entry, you intended to commit theft or any felony.
- The building or structure falls within the category specified by Penal Code § 459.
- If charged with first-degree burglary, that the place entered was inhabited.
Intent at the time of entry is a critical element. This is where a Dublin burglary attorney can make a significant impact—challenging the timeline, the alleged mental state, and the prosecution's inferences about your purpose at the time of entry.
Penalties for Burglary in California
The penalties for burglary vary depending on the degree charged and the circumstances surrounding the offense. First-degree burglary is always a felony, while second-degree burglary can be charged as either a misdemeanor or a felony, making it a “wobbler” under California law.
First-Degree Burglary (Residential)
- Felony charge
- Sentence: 2, 4, or 6 years in state prison
- Strike under California’s Three Strikes Law
- Formal probation may be available in rare cases
Second-Degree Burglary (Commercial)
- Misdemeanor: Up to 1 year in county jail
- Felony: 16 months, 2 years, or 3 years in county jail
- Possible formal or informal probation
In either case, our dedicated lawyer in Dublin will fight to reduce the charge, negotiate for diversion or probation, or seek an outright dismissal or acquittal where possible.
Aggravating and Enhancing Factors
Some burglary charges can be subject to sentence enhancements under California law:
- Armed or armed accomplice during burglary – may trigger additional penalties.
- Victim was present during the burglary – can make the offense more serious.
- Prior convictions – especially for violent crimes or prior strikes under the Three Strikes Law can double penalties or result in life sentences for habitual offenders.
Alternatives to Incarceration
For eligible defendants, especially those facing second-degree burglary charges, alternatives to jail or prison may be available. These include:
- Diversion programs
- Deferred entry of judgment
- Formal or informal probation
- Electronic monitoring
- Community service
These options can preserve your freedom and, in some cases, your criminal record. Our team can work with the court to pursue sentencing alternatives whenever possible.
Three Strikes Law and Its Implications
Burglary, particularly first-degree burglary, is considered a strike offense in California. Under the state’s Three Strikes Law:
- A second strike offense (if you already have a strike) doubles the sentence.
- A third strike can lead to a sentence of 25 years to life, even if the third crime is non-violent.
Avoiding a strike conviction is a top priority for a Dublin burglary attorney, especially when there is a viable path to charge reduction, diversion, or an acquittal.
What to Expect & How Our Burglary Lawyers Can Help
In Dublin, burglary cases are prosecuted rigorously. Working with a seasoned burglary lawyer is crucial to counter these charges effectively. Our approach includes:
- Thorough Case Evaluation: We scrutinize every detail of your case to identify potential defenses and procedural errors.
- Defense Strategy Development: Our team formulates a strategic defense plan tailored to your specific needs.
- Engagement with Prosecutors: Leveraging our insight into their tactics to anticipate and counter their strategies.
- Client Communication: We ensure you are informed and involved at every stage of the legal process.
Additionally, we understand that each burglary case comes with its unique set of challenges, from understanding the specific charges levied against you to dealing with potential consequences on your personal and professional life. Our legal team is adept at identifying weaknesses in the prosecution's case, utilizing our extensive knowledge to challenge the evidence and question the reliability of the testimony against you.
Relevant Local Laws & Procedures for Burglary in Alameda County
Burglaries are treated seriously under California Penal Code Section 459. Dublin, within Alameda County, follows stringent procedures to prosecute these crimes. Understanding the local court systems, such as the Dublin Courthouse and its practices, is vital for effective defense. Our familiarity with these legal environments allows us to navigate the system proficiently on your behalf.
We emphasize the importance of adhering to local procedural nuances, such as ensuring timely filing of motions and exploiting procedural errors, which can significantly impact the outcome of your case. We also maintain professional relationships with local law enforcement and legal figures, which can prove invaluable when negotiating plea deals or seeking alternative sentencing options.
Why Choose Us as Your Burglary Attorney in Dublin
At The Law Office Of Christopher A. Lamiero, our distinct advantage lies in our comprehensive understanding of prosecution strategies, thanks to Attorney Christopher A. Lamiero's background as a state prosecutor. We deliver personalized defense strategies, focusing on your unique circumstances to ensure your rights and freedoms are protected.
With over 30 years of experience, our commitment is to achieve the most favorable outcomes for our clients in Dublin and the surrounding areas in Alameda County. We pride ourselves on our client-centered philosophy, prioritizing open communication and trust-building. Our team is readily available to answer questions, clear up any confusion, and provide the reassurance needed during this challenging time.
Your Next Steps to Protect Your Rights with a Burglary Lawyer
Facing a burglary charge is overwhelming; however, taking immediate action is critical. By reaching out to us at The Law Office Of Christopher A. Lamiero, you are choosing a law firm that prioritizes your defense, with personalized strategies designed to fit your specific needs. We offer an initial consultation at no cost, making it easy to begin building your defense with our guidance.
Consulting with us means benefiting from decades of successful case handling, where our outright dedication to client satisfaction drives every legal maneuver. Contacting The Law Office Of Christopher A. Lamiero is the first step in removing the burden of legal pressure, allowing you to focus on moving forward.
Don’t navigate this challenging time alone. Contact us today at (925) 259-3337 or reach out online to learn how we can help defend your rights.
Criminal Defense FAQ
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What is a Defense Attorney?
A criminal defense attorney is a lawyer who specializes in defending individuals, businesses and organizations accused of committing a crime. They have the knowledge to understand the laws and legal procedures related to criminal cases. A criminal defense lawyers strives to protect their client's rights and build a strong defense case against all charges.
Defense attorneys use a variety of methods to help their clients, including research and investigation, interviewing witnesses, filing motions, plea bargaining with prosecutors and advocating in court for their clients. They may also advise clients on how best to prepare for trial and present evidence that could prove innocence or legal mitigating factors. In some cases, they also negotiate with prosecutors in order to get reduced or dropped charges for their clients. As experienced professionals, criminal defense attorneys look for any weaknesses in the government's case and make sure that every aspect of the law is being followed.
By hiring an experienced lawyer, you can be rest assured knowing that your rights are protected throughout the legal process and that you will receive sound advice to help you navigate your case.
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Should I Accept a Plea Agreement?
Most criminal cases resolve through plea deals. A plea bargain allows you to accept the penalty for a lesser offense, often keeping more serious charges off your record. Whether a plea will benefit you depends on your situation, but no one should accept a plea deal from someone who is not guilty of the crime.
Having a lawyer to counsel you on your best options is critical if you hope to avoid agreeing to a deal that is not in your best interests.
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Will I Lose My Professional License if I Am Convicted of a Felony?
While California has passed a law prohibiting employers from asking about an applicant’s criminal history before making a job offer, this does not mean a conviction on your record will not affect your career opportunities. Many professional licensing boards have restrictions on eligibility for those who have criminal convictions.
Depending on the type of license you hold and the circumstances of your case, a conviction may negatively affect your professional future. Having an attorney on your side can improve the chances of avoiding a career-ending conviction.
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Why Do I Need an Attorney?
After your arrest, you should waste no time seeking the counsel of an attorney who is familiar with California laws and the courts in Alameda County, Northern and Central California. You will be facing skilled prosecutors whose goal is to convict you.
Your defense attorney will have the resources to construct a defense that will give you every possible advantage to avoid a conviction of the most serious charges you face. Even a misdemeanor conviction can negatively affect your life for years. I will work to prevent that from happening.
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What Should I Do Next?
Your first step after your arrest should be to contact an experienced criminal defense attorney. Police and investigators should not continue questioning you once you have asked for a lawyer. When you obtain legal representation from Attorney Christopher Lamiero, our firm will protect your rights and help you make the right decisions throughout the legal process.
Call (925) 259-3337 or use our online form to obtain legal counsel from an experienced criminal defense lawyer in Dublin, CA. Se habla español.
