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Burglary Attorney in Salinas

Protecting Your Rights & Future After a Burglary Charge in Salinas

If you’ve been accused of burglary, you deserve a defense team that understands your circumstances and protects your future. The criminal defense attorneys at The Worthington Law Centre help clients in Salinas, Monterey County, and the surrounding area by providing reliable support, step-by-step guidance, and practical strategies in stressful times.

Every burglary case presents unique facts—whether relating to your intent, property entry, or prior history. Salinas courts carefully examine all aspects, which makes it important to work with a burglary attorney in Salinas who is prepared for regional nuances in how the law is applied.

A burglary charge is a strike offense. Schedule your free consultation immediately with a burglary attorney in Salinas who is Certified as a Specialist in Criminal Law. Call (831) 704-1852 or reach out online now.

Understanding California Burglary Law

California law divides burglary into two degrees, and the distinction is crucial because it determines whether the charge is a serious felony or a lesser "wobbler" offense. A skilled burglary attorney in Salinas will immediately analyze the structure involved to challenge the charge's classification.

First-Degree Burglary (Residential Burglary)

This is the most serious form of the crime and is always a felony. First-degree burglary involves entering any inhabited dwelling house (a house, apartment, hotel room, etc.) with the intent to commit grand larceny, petit larceny, or any felony. The structure must be one that is currently used for dwelling purposes, even if no one is actually present at the moment of entry. The moment you enter an inhabited structure with the requisite intent, you have committed First-Degree Burglary.

Second-Degree Burglary (Commercial Burglary)

This applies to all other structures and is a "wobbler" offense. Second-degree burglary involves entering any structure that is not a residence (commercial buildings, stores, warehouses, uninhabited structures, or locked vehicles) with the intent to commit theft or a felony. It can be charged as either a felony or a misdemeanor, based on the facts of the case and the defendant's criminal history.

We have the specialized knowledge to dissect the facts of your case under PC 459 and build a defense aimed at the lowest possible charge.

Penalties and Collateral Consequences of CA Burglary Convictions

The consequences for a burglary conviction in California are severe, particularly for First-Degree offenses, which trigger the state's Three Strikes Law.

Direct Criminal Penalties

  • First-degree burglary (residential)
    • Classified as a felony
    • Punishable by 2, 4, or 6 years in state prison
    • Always counts as a strike under California’s Three Strikes Law
  • Second-degree burglary (commercial)
    • Classified as a wobbler (may be charged as a felony or misdemeanor)
    • Felony sentencing range: 16 months, 2 years, or 3 years
    • Does not count as a strike under the Three Strikes Law

Collateral and Long-Term Consequences

A conviction affects every aspect of life in Salinas, CA:

  • Three Strikes Law: A First-Degree Burglary conviction is a "strike." If you receive a second strike (any serious or violent felony), the sentence for the second offense is doubled. A third strike results in a minimum sentence of 25 years to life.
  • Employment and Licensing: A felony conviction is a major hurdle for employment, housing, and professional licensing (e.g., real estate, security).
  • Immigration: Burglary is often classified as a crime involving moral turpitude or an aggravated felony, leading to mandatory deportation for non-citizens.

The consequences are too great to entrust to anyone but a Certified Specialist Salinas burglary lawyer.

The California Criminal Defense Process for Burglary Charges

The defense process for a serious felony like burglary must be precise and strategic from the very beginning. Our firm's status as a Certified Criminal Defense Lawyer ensures that we are prepared for every phase in the Monterey County court system.

  • Investigation and Intervention: We immediately launch our own investigation, interview witnesses, and collect evidence. Early intervention is key, and we can often communicate with the prosecutor before charges are formally filed, arguing for a dismissal or a reduction to a misdemeanor.
  • Challenging the Arrest and Evidence (Motions to Suppress): We meticulously scrutinize the law enforcement procedure. If we find that your Fourth Amendment rights were violated (e.g., an illegal search that uncovered the evidence or an involuntary confession), we file a Motion to Suppress Evidence. If the physical evidence is suppressed, the prosecution's case often collapses.
  • Preliminary Hearing: This hearing provides a crucial opportunity for our firm to cross-examine the prosecution's witnesses and argue to the judge that there is insufficient evidence to hold you to answer for the charge.
  • Plea Negotiation and Trial: We leverage our trial expertise and the weaknesses we identify to negotiate for a reduction (e.g., First-Degree Burglary reduced to Second-Degree, or Second-Degree reduced to a misdemeanor). If the State refuses to offer a fair resolution, we are fully prepared to take your case to a jury trial, providing an aggressive, courtroom-tested defense.

Our Comprehensive Approach to Burglary Defense

The Worthington Law Centre provides a defense methodology that is elevated by our specialized certification and deep trial experience. We approach every Salinas burglary case with the goal of eliminating the essential elements of the crime.

  • Attacking the Intent Element (The Key Defense): We focus heavily on presenting evidence that negates the intent required for PC 459. This includes asserting a Claim of Right (you reasonably believed the property belonged to you), Mistake of Fact (you entered the wrong unit by accident), or simply proving that you had no criminal intent upon entry.
  • Challenging the Degree of the Crime: In cases of Residential Burglary, we may argue the structure was not inhabited at the time of entry or that the intent was only to commit a simple trespass, thereby seeking to reduce the charge from a Strike-eligible First-Degree felony to the less severe Second-Degree offense.
  • Strategic Mitigation: Where conviction is certain, we use comprehensive mitigation strategies—including character evidence and rehabilitation efforts—to argue for the minimum possible sentence, ensuring the court understands the client as a whole person, not just a charge.

We provide a free consultation to immediately begin reviewing the facts of your case and outline this specialized defense strategy.

Why Choose Our Burglary Lawyers & Defense Team in Salinas

For over 50 years, The Worthington Law Centre has served as a trusted criminal defense firm in Salinas and throughout Monterey County. Our attorneys, both certified in criminal law by the California State Bar, focus exclusively on defending the rights of the accused. 

Every client benefits from the experience of an established, family-owned law office dedicated to criminal defense. When you reach out to our team, you receive the careful attention and strong legal representation your future deserves.

  • Certified criminal law attorneys: Both leading lawyers carry official State Bar recognition specifically for criminal law.
  • Over five decades serving Salinas and Monterey County: Deep local roots and a strong community reputation for defending a diverse range of clients—including high-profile cases.
  • Personalized, accessible service: Multilingual staff and a welcoming family environment help ensure every client receives the attention they deserve.
  • Free initial consultations: Start with a conversation that helps you understand your legal situation without financial obligation.
  • Holistic strategies: We explore every avenue—including opportunities to reduce or dismiss charges—always working to align your defense with your unique circumstances.

Our office’s long tenure in Salinas’s historic Hitchcock House reflects our longstanding commitment to the community and our investment in local relationships. Because we understand the expectations of area judges and prosecutors, we craft defense strategies that fit the Monterey County legal landscape. 

Our attorneys have helped a broad array of individuals—including professionals and those in the public eye—navigate complex charges. As a result, we’re known for providing honest communication, respectful guidance, and steadfast advocacy for our clients’ constitutional rights.

Contact Our Burglary Attorneys in Salinas for Help Today

If you or someone you care about has been accused of burglary in Salinas, do not wait to contact the legal team at The Worthington Law Centre. Our criminal defense lawyers have deep regional experience, certification in criminal law, and a strong record of client care across Monterey County. We offer a confidential, no-cost consultation where you’ll learn your options in clear language—not legal jargon—and gain the support of a trusted advocate. 

Call (831) 704-1852 or reach out online today to speak with a burglary attorney in Salinas who will listen, answer your questions, and help you take the next step with confidence.

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