Kern Law, APC, has defended clients for over 20 years against Commercial Burglary charges in San Diego County. For those arrested or charged with Penal Code Section 459, Commercial Burglary, in San Diego County, the cases will be heard in the San Diego Superior Court.
The San Diego District Attorney may file charges for commercial burglary charges under Penal Code § 459 based on allegations that a person entered a business with the intent to steal or commit a felony inside.
What Is Commercial Burglary in San Diego County?
California Penal Code § 459 defines burglary as entering a structure, room, or locked vehicle with the intent to commit theft or a felony. When the location is a store, office, warehouse, restaurant, or other business, the charge is generally called commercial burglary or second-degree burglary. The most important issue in many Commercial Burglary cases is intent at the moment of entry. This issue of intent is one of the primary reasons to hire an experienced criminal defense attorney.
Penalties for Commercial Burglary in San Diego County:
Commercial Burglary in San Diego County is usually charged as second-degree burglary and may be filed as either a misdemeanor or felony depending on the circumstances of the case.
Possible consequences for PC 459 in San Diego may include:
- Felony conviction
- County jail or prison
- Formal or informal probation
- Fines and fees/Restitution
- Criminal protective orders
- Potential immigration or licensing consequences
Potential Defenses to San Diego Commercial Burglary Charges:
Every case is fact specific; however, some potential defenses may include:
- No Intent at Entry to commit Theft or Felony
- Mistaken Identity
- Shoplifting not Burglary
- Insufficient Evidence
- Illegal Search or Seizure in violation of the 4th Amendment
Contact Kern Law, APC, today:
If you have been arrested or charged with Commercial Burglary, PC 459, in San Diego County, contact my office today for a consultation: 619-200-2808