Bakersfield Burglary Lawyer
Trusted Burglary Defense Representation in Kern County
If you or a loved one has been charged with burglary in Bakersfield, the consequences can be severe and life-altering. A conviction can result in jail or prison time, costly fines, and a permanent criminal record that affects your employment and housing opportunities. That’s why having a knowledgeable and experienced Bakersfield burglary defense attorney from Humphrey & Thompson is essential. We are committed to protecting your rights and crafting a strategic defense tailored to your case.
Call us at to speak with a dedicated burglary lawyer in Bakersfield, CA.
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What To Expect After Arrest -
The Attorneys You Need On Your Side
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Thousands of Successful Cases
What is Burglary in California?
Under California Penal Code § 459, burglary occurs when someone enters a building or structure with the intent to commit theft or any felony inside. The prosecution does not need to prove that the theft or felony was actually completed—only that the accused intended to commit it at the time of entry.
Burglary in California is divided into two main categories:
- First-Degree Burglary (Residential Burglary): Involves entering an inhabited dwelling, such as a house or apartment. This is always charged as a felony.
- Second-Degree Burglary (Commercial Burglary): Involves entering a commercial structure, such as a store or business, typically outside of operating hours. This may be charged as either a misdemeanor or a felony (a “wobbler”), depending on the circumstances and the defendant’s criminal history.
It’s important to note that you can be charged with burglary even if there was no breaking and entering. Simply walking into an open door with criminal intent may be sufficient under California law.
Burglary Penalties in California
The penalties for burglary depend on whether the charge is for first-degree or second-degree burglary:
First-Degree Burglary (Residential)
Always a felony
Possible penalties:
- 2, 4, or 6 years in California state prison
- Felony probation
- Fines up to $10,000
A "strike" under California's Three Strikes Law
Second-Degree Burglary (Commercial)
Misdemeanor or felony, depending on the facts of the case
Misdemeanor penalties:
- Up to 1 year in county jail
- Fines up to $1,000
Felony penalties:
- 16 months, 2 years, or 3 years in county jail
- Felony probation
- Fines up to $10,000
Enhancements may apply if the burglary involved tools, weapons, or resulted in bodily injury. Repeat offenders may also face harsher sentencing.
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Charges Reduced/Dismissed
Misdemeanor Sex Crime with Mandatory Sex Registration
Settled for no registration and time served after 5 days of trial ending in a mistrial. -
Charges Reduced/Dismissed
Felony Sex Crime
Client was charged with a felony sex crime . His charges were reduced to a misdeanor. He received no sex offender registration and community service instead of jail. -
Case Dismissal
Sexual Abuse
Allegation of Continuous Sexual Abuse Dismissed Before Trial. -
Case Dismissal
Felony Sex Case
Felony Sex Case based on Undercover Decoy Sting Dismissed Entirely. -
Case Dismissal
Rape
Rape Case Dismissed Based on Defense Investigation and Medical Evaluation Before Trial. -
Case Dismissal
Sexual Battery
Local business owner charged with sexual battery, dismissed. -
Jury Trial Acquittals
Molestation and Sexual Abuse of Minors
Mr. Thompson Secures Complete Dismissal of all Charges at Jury Trial for Accusations of Molestation and Sexual Abuse of Minors
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Avoid Sex Offender Registration
Sex Offense
Juvenile Client Has Felony Sex Offense Case Dismissed and Is Not Required to Register
Burglary FAQs
Here are several frequently asked questions about burglary charges in Bakersfield, CA:
Can I be charged with burglary if I didn’t steal anything?
Yes. In California, burglary charges are based on your intent at the time of entry. You can still be charged even if no theft occurred, as long as the prosecution believes you intended to commit theft or a felony when entering.
What’s the difference between burglary and robbery?
Burglary involves unlawful entry with the intent to commit a crime inside. Robbery, on the other hand, involves taking property directly from another person through force or fear. They are entirely separate charges with different legal elements.
Is shoplifting considered burglary?
A: It can be. If you entered a store with the intent to shoplift, especially outside of business hours or using tools like bags or magnets to defeat security systems, you may be charged with burglary. However, many shoplifting cases fall under separate statutes and may be eligible for diversion or reduction.
What happens if I have a prior burglary conviction?
Prior convictions can trigger sentencing enhancements, especially under California’s Three Strikes Law. A second felony burglary conviction could significantly increase your prison time.
Can a burglary charge be expunged from my record?
In some cases, yes. If you successfully complete probation and meet other eligibility requirements, you may be able to petition for expungement. However, this is generally not available for state prison sentences.
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True Trial Attorneys
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Responsive & Prompt Communication
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Impressive Track Record in State, & Federal Courts
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Client-Service Focused
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Certified Criminal Law Specialists
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- KC A.
I had an amazing experience with Kyle! He is a straight shooter and that was crucial for me to hear. I was able to keep all my rights, get my case dismissed and that was huge for me! Kyle was able to take a bad situation for our family and deliver results that allowed us to move forward and grow. I highly recommend Kyle and his team!
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- Randy K.
Due to the distance away from the Bakersfield area I was able to deal with the firm by phone and email. Phone service was very timely and they made me feel comfortable. If needed, I would use their services again and recommend this law office.
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- Former Client
Jared and his staff, not exaggerating were on top of it all. If I called to talk to the girls in the front they handled everything right away, Jared reputation for being THE BEST matched him perfect. We had issues with the anger management classes and the staff really cared and helped us. Jared helped my son who was facing some serious charges but he genuinely cared about the whole truth and we got blessed tremendously! we are forever grateful and truly couldnt have imagined the outcome had we NOT hired him! Loved them thank you so much sincerely!
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- Saijel P.
Kyle and his team are absolutely amazing! With my whole case they kept it completely stress free. Kyle will explain everything in a way you could actually understand. I highly recommend him. He's honest, fair and compassionate and fantastic to work with.
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- Aimee G.
The process was easy and they made it so that I didn't have to appear in court. I highly recommended them!
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- Tina H.
My son was wrongfully accused and charged with assault. I hired Mr. Humphrey to represent him because I heard he was the best and as my son is 19 years old, I did not want this bogus charge going on his record. Mr. Humphrey did an excellent job of representing my son from day one. I am happy to say that the charges were dropped and the case was dismissed. I HIGHLY recommend Kyle J. Humphrey.
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- Aracele S.
I’d like to express my sincere gratitude to Kyle Humphrey at Humphrey & Thompson for his help with an unexpected case. He was highly thorough and made sure I understood every part of the process, which was especially important as this was my first and only legal matter. Many thanks to you and your team!
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- Jason G.
Mr Humphrey and his staff we nothing short of amazing to me and my family.
Speak with a Bakersfield Burglary Defense Lawyer Today
If you’re facing burglary charges in Bakersfield or anywhere in Kern County, don’t leave your future to chance. Prosecutors take burglary seriously, and you need an experienced advocate on your side. At Humphrey & Thompson, we understand the law, the local courts, and how to build a solid defense that protects your freedom.
We offer confidential consultations and aggressive representation. Let us evaluate your case, explain your rights, and develop a strategy aimed at dismissal, acquittal, or a reduced charge.
Contact us today at to speak with a Bakersfield burglary defense lawyer you can trust.
