Recently, comedian Andy Dick was arrested for felony burglary in Santa Barbara. According to Yahoo! Entertainment, Dick allegedly stole power tools from a home that was under construction. The incident happened on October 13th. Prior to his arrest, police responded to reports of a burglary in progress. When they arrived, the comedian was allegedly fleeing from the scene of the crime.
The power tools that Dick is alleged to have stolen were in the home’s garage. The owner of the home told law enforcement that he did not give Dick permission to enter his home and that he does not even know the comedian.
At the time of this report, Dick had pleaded not guilty and was being held in Santa Barbara County Jail. His bail, which was set at $50,000, remained unpaid.
What Are the Penalties for a Felony Burglary Conviction in California?
In California, there are two main types of burglary. First-degree burglary involves a burglary that takes place at a residential structure. Second-degree burglary is a burglary that takes place at any other type of structure, such as a business. First-degree burglary is a felony. Second-degree burglary can be either a felony or a misdemeanor depending on the circumstances of the case. The following are the penalties for a felony burglary conviction in California:
- First Degree – Up to six years in state prison, fines up to $10,000, and felony probation.
- Second Degree – Felony probation, up to $10,000 in fines, and up to three years in county jail.
What Are the Defenses for a Burglary Charge in California?
There are several defenses for a burglary charge in California. The most common defenses for burglary charges include the following:
- No Intent – If you had no intention of committing burglary when you entered the location, you may not be able to be convicted of burglary. You still may be able to be convicted of some form of theft if you did steal something from the location.
- Claim of Right – This is also known as mistake of fact, and it applies if you enter a location to retrieve something that you believe belongs to you or to secure an item that you believe you have permission to take.
- Innocence – This defense involves proving that you didn’t commit burglary. It may involve showing that the charges against you were a case of mistaken identity. Or it could involve proving that the evidence against you is misleading. It could also involve proving that you are the victim of false accusations.
For years, our burglary defense lawyers at Appel & Morse have been fighting for the rights of clients accused of burglary in California. We know what it takes to help clients prove their innocence or have the charges against them reduced or dismissed. Our legal team has over 40 years of combined experience and doing what’s in the best interests of our clients is always our top priority.
To learn more about Appel & Morse, and how we can help you, read our clients’ testimonials.