Burglary

At the Law office of David P Schwarz we litigate and defend all type of Burglary Offenses. We have defeated many attempts by the Orange County District Attorney’s office to prosecute our clients and convict them with Burglary Charges. Please contact our Orange County Law Office to speak with an attorney at 949 735 9266 or via the web.

The law for burglary in the Orange County Courts states that Every person who enters any house, room, apartment, shop, warehouse, store, or other building, with intent to commit a theft is can be found guilty by a jury of their peers if all the elements can be proven in an Orange County Court.

An Orange County Burglary defense lawyer will defend you and argue that during the act of Burglary the dwelling was not inhabited. The importance of this fact is crucial to mitigating any enhancement in the Orange County Burglary crime.

An Inhabited dwelling means once currently being used for living purposes whether the person or people were in the home or not. The inhabited dwelling can be a house, trailer, or place designed for habitation, or part of a building that is occupied for living arrangements.

If an Orange County Burglary defense Attorney the first line of defense to dismiss the prosecution of the case would be to try to show that there was no intent upon entry of the dwelling to take personal property of another. If a person enters the place of another to temporarily take something or use something without the intent to permanently deprive the other person of that property then the defendant is not guilty of Burglary.

Another element of the crime of Burglary that the Orange County Law office David P. Schwarz has successfully defended for many years is that of the entry into the premises of another person. The test the Orange County Courts determine if Burglary occurs is that of a Reasonable Person would believe is an entry into the residence of another person.

Burglary can also can be charged as a strike. That occurs when a person is at home when the burglary occurs. An Orange County Burglary defense attorney will be able to defend these type of charges. It is possible to assert defense to have a strike alleged in the charges against the defendant. A successful Orange County Defense lawyer will be able to mitigate these charges and avoid the strike allegation as a conviction.

Often the Orange County Court system charges Burglary with a theft crime. It is important that the Orange County Burglary defense attorney argue for mitigation to a theft crime versus a burglary crime. At Law office of David P Schwarz we have successfully reduced many burglary charges to simple theft offenses that can be expunged at a later date.

At the Law office of David P. Schwarz we have successfully defended many Orange County Burglary charges and are familiar with the Orange County criminal court system. Please call our office at 949 735 9266 or contact us via the web or email at dpslaw66@gmail.com