What Is Burglary? | PC 459
As defined under Penal Code (PC) 459, burglary is entering a structure intending to commit theft or any felony.
The system may include a residence, business, warehouse, or any other building with a roof. It is important to note that actual theft or felony need not occur for a burglary to take place; the key element is the intent to commit such offenses upon entry.
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Attorney Saif Rahman possesses a comprehensive understanding of California's burglary laws. With his expertise, he analyzes the specific circumstances of each case to determine the most effective defense strategies.
What Must Be Proven | First Degree Burglary
First-degree burglary, classified under PC 459, involves entering an inhabited dwelling, such as a home, apartment, or settled trailer, intending to commit theft or a felony. The structure's inhabitance at the time of the offense distinguishes first-degree burglary from second-degree burglary.
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To secure a conviction for first-degree burglary, the prosecution must prove beyond a reasonable doubt that the defendant entered an inhabited dwelling intending to commit theft or a felony. Attorney Saif Rahman diligently scrutinizes the evidence to challenge the prosecution's case and protect his client's rights.
What Must Be Proven | Second Degree Burglary
Second-degree burglary, as defined under PC 459, encompasses burglary offenses that do not meet the criteria for first-degree burglary. It involves entering any structure that is not an inhabited dwelling, such as a commercial building, storage facility, or vehicle, with the intent to commit theft or a felony.
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To establish a conviction for second-degree burglary, the prosecution must demonstrate that the defendant entered a non-dwelling structure with the intent to commit theft or a felony. Saif Rahman's extensive knowledge and experience enable him to thoroughly evaluate the evidence and develop strong defenses against second-degree burglary charges.
Burglary Penalties And Sentencing | What You're Facing
Burglary convictions carry severe penalties in California. The specific penalties depend on various factors, including the degree of the burglary offense, the defendant's criminal history, and other aggravating circumstances.
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First-degree burglary is classified as a felony and is punishable by imprisonment in the state prison for a term ranging from two to six years. Additionally, a conviction for first-degree burglary may lead to other serious consequences, such as fines, restitution, and a permanent criminal record.
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Second-degree burglary is also a felony offense, punishable by imprisonment in state prison for a term ranging from 16 months to three years. The penalties for burglary can be enhanced if the defendant has prior convictions or if certain aggravating factors are present.
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Saif Rahman understands the gravity of burglary charges and the potential impact on his client's lives. He provides aggressive representation, diligently challenging the prosecution's case and advocating for the best possible outcomes, including reduced charges, alternative sentencing options, or acquittal.
Possession Of Burglary Tools | PC 466
Possession of burglary tools is a separate offense under PC 466. It involves knowingly possessing specific tools or instruments commonly used for committing burglaries, such as lock picks, crowbars, or master keys, intending to use them for unlawful purposes.
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Saif Rahman is well-versed in the intricacies of PC 466 and the associated defenses. He skillfully examines the evidence to challenge the prosecution's assertions and protect his client's rights.
PC 466 Penalties And Sentencing | What You're Facing
Possession of burglary tools is generally considered a misdemeanor offense, punishable by up to one year in county jail and fines. However, suppose the prosecution can establish additional elements, such as a prior burglary conviction or intent to commit a felony. In that case, the offense can be charged as a felony, leading to more severe penalties.
Saif Rahman employs his extensive experience and legal knowledge to develop effective defense strategies for clients facing possession of burglary tools charges. He aims to mitigate the potential consequences and protect his clients' rights and futures.
Possible Defenses To A Burglary Charge In Los Angeles
When facing burglary charges in Los Angeles, it is crucial to explore all possible defenses. Some common reasons include:
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a. Lack of intent: Challenging the prosecution's ability to prove the defendant's intent to commit theft or a felony at entry.
b. Consent: Establishing that the defendant had lawful authority or consented to enter the structure.
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c. Mistaken identity: Providing evidence to show that the defendant was misidentified or wrongly accused.
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d. Unlawful search and seizure: Questioning the legality of the search and seizure conducted by law enforcement led to the discovery of incriminating evidence.
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Saif Rahman meticulously investigates the details of each case, identifying potential defenses and developing tailored strategies to protect his client's rights and obtain favorable outcomes.
PC 466 Penalties And Sentencing | What You're Facing
Attorney Saif Rahman's exceptional professionalism and dedication have earned him a solid reputation as a trusted defense attorney. With over 4500 cases handled, he has a wealth of criminal defense experience, including burglary cases.
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Saif Rahman's professionalism is evident in his attention to detail, thorough case preparation, and persuasive courtroom advocacy. He understands his clients' challenges and the importance of a strong defense strategy.
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With his comprehensive knowledge of California's burglary laws, Saif Rahman works tirelessly to protect his client's rights, challenge the prosecution's case, and secure the best possible outcomes. He prides himself on his commitment to providing personalized and aggressive representation to each client he serves.
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Contact Attorney Saif Rahman today to discuss your burglary case and benefit from his exceptional professionalism and extensive experience in criminal defense.
CONTACT
OUR ADDRESS
1953 E Chapman Ave, Fullerton, CA 92831, United States​
Email: saif@defense.com
Tel: +1 714-988-0280