Cases & Results


Burglary

BURGLARY CASE RESULTS

Van Nuys Courthouse – judge grants motion by defense to dismiss case after a preliminary hearing, based on insufficiency of the evidence. We were able to show the judge that the only evidence the police / prosecutors had was one latex glove found at the scene of the crime with one of my clients’s finger prints inside the glove. The defense was able to show that no witness could identify our client at the scene, our client was not found with any stolen property and the judge relied on a case that the defense provided in order to dismiss the case. The case basically held that a person could not be convicted of a crime if the prosecutors only had DNA evidence and nothing else.

San Fernando Courthouse – I recently had a client charged with first degree residential burglary.  In Los Angeles, the prosecutors typically want a significant prison sentence on residential burglary cases (the reason they are so harsh is because they believe that going into another person’s home is both dangerous and a huge invasion of privacy).  In this particular case I was able to convince them to put my client on probation and give him a very small amount of time in local custody.  There are number of successful angles that can be utilized by an attorney who has been practicing in this local courthouse who know who to talk to and what arguments will actually make a difference in a burglary case.

Criminal Court Building / Downtown Los Angeles main courthouse – Our client was charge with multiple burglaries and facing many years in prison.  Once it was established that there was no one home at the location and that all the property was recovered, our client was able to receive a probationary sentence and did not have to actually take a burglary on his record.  Many times charges other than burglary can be negotiated with the prosecutor in order to prevent the client from going to prison and avoid them taking a strike on their record for the rest of their lives.

Not guilty verdict in the Van Nuys Courthouse – early in my career I tried a serious burglary case where my client was looking at many years in prison because of his prior record and the seriousness of his current burglary charge.  After a week long trial the jury came back not guilty in a very short period of time.  Once it was established that the prosecution simply did not have sufficient evidence to find my client guilty and was mainly focusing on his criminal record to try and convince the jury he must have done this burglary, the jury quickly realized that the prosecutor’s cases was weak and that they had not prove the client guilty of burglary beyond a reasonable doubt.

SOME LITTLE KNOW FACTS ABOUT BURGLARY CASES IN LOS ANGELES

In order to be charged with burglary, a person does not actually have to go inside another person’s home.  The “breaking” that is required can be very slight.  They simply have to break into the home in such a way that it is clear that they penetrated the integrity of the home.  For example, if a burglar uses a tool to break a window and tries to unlock the door, even if they do not make it into the home, this would be sufficient to convict them of burglary, if the prosecutors can prove that they had the intent to enter the home to burglarize it.

If a person is present when someone breaks into a home to burglarize it, then this crime is considered a strike and a violent felony, causing a person convicted of it to serve 85% of their time in custody. Anytime one of my clients is charged with this type of burglary and the prosecutors have strong evidence against them, it is one of my chief goals to try and get the person present allegation struck from the complaint to lessen the blow to my client and their future.

The crime of burglary is accomplished when someone breaks into the home of another with the intent to commit a felony inside.  Therefore if someone broke into a person’s home with the intent to rape them, and it turned out the person was not home and the person leaves without stealing anything, then they could still be charged with the crime of burglary, because when they broke into the him, they did so with the intent of committing the felony of rape.