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.
Here's why you should hire our firm:
- We are led by State Bar Certified Criminal Law Specialists
- We have handled thousands of criminal cases with a 90 percent success rate
- We provide personalized and responsive legal representation from start to finish
Call us at (661) 760-7678 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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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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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. -
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 nothing was stolen, 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 means taking property directly from someone by force or fear. They are completely different charges with different legal elements.
Is shoplifting considered burglary?
It can be under California law. If you entered a store planning to shoplift, especially after hours or using tools like bags or magnets to overcome security systems, you may face burglary charges. However, some shoplifting cases fall under different statutes that sometimes allow for diversion or reduced charges.
What happens if I have a prior burglary conviction?
Prior felony convictions can lead to harsher penalties, especially under California’s Three Strikes Law. A repeat burglary conviction can add significant prison time.
Can a burglary charge be expunged from my record?
Sometimes, yes. If you complete probation and meet the requirements, you may be able to petition for expungement in California. However, this is rarely possible 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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- 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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- 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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- Rob B.
He was straight forward, informative, and very easy to work with from inception to completion. I strongly suggest reaching out to Mr Thompson should you need the services offered by his office!
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- Jenna B.
My husband hired Jared Thompson to defend him against bogus charges. Their price was affordable and well worth the work they put in. Even though the DA's office was not helpful and kept delaying the case over and over, Mr. Thompson and his team never gave up. It was finally dismissed and we couldn't be more happy with the outcome.
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- Rena B.
IF you are caught in a bad situation in life and are looking for a Lawyer and investigator to fight, do their job well in fighting to prove your innocence in your case, you need Kyle and Victor on your side!!!
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- Cesar M.
They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning our defense strategy. The paralegal staff was also courteous and prompt in their responses, which made the whole stressful process much more bearable. I am profoundly grateful for their services. the Martinez Lugo family we loved them we really recommended thanks so much :)
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- Joe S.
His experience and knowing what to do helped and he has wisdom in sharing and saying the right thing to calm you in whatever you are going through. At times I was talked to as if I knew the law but when questioned what he was talking about he would take the time to explain. He is a very busy man so it seemed like he was hurried but would come back to explain. Happy with the outcome and glad that we were able to find a great attorney.
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- Felicia E.
He values his clients and understands their individual needs. He will work hard to guarantee that justice is served for everyone involved. He is honest and supportive throughout the entire process. We will never forget what Kyle has done for us.
Speak with a Bakersfield Burglary Defense Attorney 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 (661) 760-7678 to speak with a Bakersfield burglary defense lawyer you can trust.
