Burglary

Burglary Defense in Riverside County, California

Facing a charge of burglary in Riverside County is a profoundly serious matter that demands immediate and expert legal attention. If you or a loved one has been arrested in cities like Temecula, Murrieta, Menifee, Lake Elsinore, Winchester, Wildomar, or French Valley, you are confronting potential penalties that could drastically alter your future. At the Law Office of Nic Cocis, we understand the fear and uncertainty these charges bring, and we are dedicated to providing the aggressive, knowledgeable defense necessary to protect your rights and freedom.

Understanding the Burglary Charge (PC 459)

In California, burglary is defined under Penal Code Section 459 (PC 459). Contrary to popular belief, you do not need to successfully steal anything to be charged with burglary. The core element of the crime is the intent to commit a felony or petty theft upon entering a structure.

PC 459 defines two main degrees of burglary:

First-Degree Burglary (Residential Burglary): This involves entering an inhabited dwelling, such as a home, apartment, or even an occupied boat or trailer. Because this offense involves the invasion of a private residence, it is considered a violent felony and is always charged as a strike under California's Three Strikes Law. Second-Degree Burglary (Commercial Burglary): This involves entering any other type of structure, such as a store, office, warehouse, or commercial building. While less severe than first-degree burglary, second-degree burglary is still a serious crime that can result in significant jail time.

Common Scenarios Leading to Burglary Charges

Burglary charges in Riverside County often arise from various situations, many of which involve misunderstandings or a lack of clear criminal intent. Common scenarios we encounter include:

• Shoplifting Incidents: If an individual enters a retail store (like those found in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Perris, Hemet, San Jacinto, Corona, Riverside, Moreno Valley, Norco, Eastvale, Jurupa Valley, Banning or Murrieta) with the intent to steal, even if they are caught before taking anything, they can be charged with second-degree commercial burglary.
• Trespassing with Intent: Entering a closed business or construction site (common in rapidly developing areas like Menifee or Winchester) with the intent to take property.
• Unlawful Entry into a Residence: This is the most serious scenario. Even if the home in Lake Elsinore or Wildomar was entered through an unlocked door, if the prosecution can prove the intent to steal or commit a felony, a first-degree charge will be filed.
• "Hot Prowl" Burglary: Entering an inhabited dwelling while the residents are present, which carries enhanced penalties due to the heightened danger involved.

Potential Penalties in Riverside County

The penalties for a burglary conviction in California are severe and depend heavily on the degree of the crime:

Offense	Classification	Potential Sentence
First-Degree Burglary (PC 459)	Felony (Strike Offense)	2, 4, or 6 years in state prison.
Second-Degree Burglary (PC 459)	Wobbler (Felony or Misdemeanor)	If charged as a felony: up to 3 years in county jail. If charged as a misdemeanor: up to 1 year in county jail.

Beyond incarceration, a conviction carries lifelong consequences, including mandatory restitution payments, heavy fines, loss of professional licenses, and a permanent criminal record that severely impacts employment and housing opportunities throughout French Valley and the rest of the state.

Strategic Defense Against Burglary Charges

A successful defense against PC 459 requires a meticulous examination of the evidence and a deep understanding of California criminal law. As an experienced Riverside County criminal defense attorney, Nic Cocis develops tailored strategies based on the specifics of your case:

1. Lack of Intent: This is often the strongest defense. The prosecution must prove beyond a reasonable doubt that you entered the structure with the specific intent to commit a theft or felony. If you entered a home believing you had permission, or if you entered a store merely to use the restroom, the necessary criminal intent is absent. 2. Mistake of Fact/Identity: If the entry was accidental, or if the police have arrested the wrong person—a common issue in cases relying on shaky eyewitness identification—we will aggressively challenge the evidence. 3. Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights during the investigation or arrest in areas like Murrieta or Temecula, any evidence obtained illegally may be suppressed, potentially leading to the dismissal of the charges. 4. Claim of Right: In cases involving theft, if you genuinely believed the property you intended to take was rightfully yours, you cannot be convicted of burglary.

How the Law Office of Nic Cocis Can Help

When your freedom and future are on the line in Riverside County, you need more than just a lawyer—you need a dedicated advocate who knows the local courts, judges, and prosecutors.

The Law Office of Nic Cocis provides comprehensive defense services, starting the moment you retain us. We immediately launch an independent investigation, scrutinize police reports from the Riverside County Sheriff's Department or local police departments, interview witnesses, and challenge the prosecution's narrative.

Our goal is always to secure the best possible outcome, whether that means achieving a full dismissal of the charges, negotiating a reduction to a lesser offense (such as trespassing or petty theft), or mounting a vigorous defense at trial. We approach every case with compassion, understanding that good people sometimes make mistakes or find themselves in unfortunate circumstances. We are committed to protecting your rights and ensuring you receive fair treatment within the Riverside County justice system.

Do not wait to secure experienced legal representation. The sooner we begin building your defense, the stronger your position will be.

If you are facing burglary charges in Temecula, Murrieta, Menifee, Lake Elsinore, Winchester, Wildomar, French Valley, or any other community in Riverside County, contact the Law Office of Nic Cocis today for a confidential and completely free consultation.