A recent article about an unusual burglary caught the eyes of our Dana Point burglary criminal defense lawyers. The Orange County Register reported April 22 that two men were arrested for the April 17 burglary of a home in Santa Ana. Christian Fernando Cabrera and Cesar Valle, both 20, are accused of entering the home on foot, punching a man in the face and taking laptop computers, purses and personal items. They are also accused of demanding money from residents who they said were running a house of prostitution. It was not clear whether that allegation was true or whether the alleged burglars managed to get any cash.
Victims of the robbery said the three men entered on foot around 10 p.m. on April 17. In addition to the computers and purses, the men took eyeglasses, cosmetics and identification cards. Originally, all three had escaped the scene, but victims of the robbery happened to spot Cabrera in the area on April 20. Police officers responded and arrested him on the street. Later, gang detectives were at the gang, speaking to victims about the robbery about the vehicle involved in the robbery. One of the victims pointed out a vehicle passing by that was similar, but then realized it was the same vehicle with one of the same people inside of it. That led to the arrest of Valle. Detectives immediately got into their own vehicle, called for assistance and arrested Valle without incident.
What interests our Corona burglary criminal defense lawyers about this case is the allegation that the house was used for prostitution. This would not be a defense to a charge of burglary, of course, but it might change the charges the arrested men face. California's burglary law is divided into first-degree residential burglary, which is a felony, and second-degree burglary, which is any other kind of burglary. If the alleged burglars are right that the home was being used for prostitution, they may be able to argue that a charge of first-degree burglary is inappropriate. To qualify for a first-degree burglary charge, the building that was entered must be currently used as a dwelling. If nobody lives full-time at the home in question, it may not count as a dwelling. This could lower the charges faced by Cabrera and Valle to second-degree burglary, which can be a felony or a misdemeanor, and carries no more than one year in jail or prison.
At Howard Law, P.C., we defend Californians accused of all types of crimes, including serious and potentially violent crimes. First-degree burglary is counted under state law as a "serious or violent" crime, which means a conviction for that charge is a "strike" under the three-strikes law. That is very bad news for the accused, because a strike sets you up for increased penalties down the road. An offender with a first strike faces double penalties for any future felony, violent or not, and reduced eligibility for parole. That's why our Laguna Hills burglary criminal defense attorneys work hard to get burglary charges reduced to second-degree burglary or larceny whenever possible. We also defend burglary charges by forcing the prosecution to meet its obligation to show intent to commit larceny, as well as breaking and entering.
Howard Law, P.C. offers free, confidential consultations, so you risk nothing by speaking to us about your case and your rights. To set one up, call us toll-free at 1-800-872-5925 or send us a message through our website.
