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 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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Needed a lawyer for our juvenile son for a felony assault case. Public defender was not very helpful and told us that at best our son would be on a very intensive probation for years if not sentenced to a camp. Rob Singh took our case and basically got everything resolved outside of court with the prosecutor within 2 weeks. Alleviated a lot of stress and anxiety by getting our son on a very minimal probation for 6 months and then records completely sealed. Highly recommended and would definitely hire this firm again.- Erik S.
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- Jason G.
Mr Humphrey and his staff we nothing short of amazing to me and my family.
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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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- 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.
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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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- 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!
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.
