Orange County Commercial Burglary Defense Attorney
Understanding Commercial Burglary Charges in California
A commercial burglary charge in California can carry serious consequences, including jail time, substantial fines, and a permanent criminal record that may impact your future employment and professional opportunities. Prosecutors often pursue these cases aggressively, especially when the allegations involve businesses, offices, retail stores, warehouses, or other commercial properties.
However, being accused of commercial burglary does not automatically mean you will be convicted, and there may be important defenses available depending on the circumstances of your case. At The Law Offices of Glew & Kim, we represent individuals facing commercial burglary charges throughout Santa Ana and Orange County, helping clients understand their rights and build a strong defense strategy from the very beginning.
What Is Commercial Burglary Under California Law?
Commercial burglary (California Penal Code § 459) refers to entering a business, store, or office with intent to commit theft or another felony. The key factor is intent — even if nothing was taken, prosecutors can still pursue a burglary charge if they believe there was criminal intent at the time of entry.
In Orange County, these cases often stem from:
Alleged shoplifting incidents where prosecutors upgrade the charge due to planning or value.
Entering a closed business after hours.
Using false pretenses or stolen access cards to enter restricted areas.
Accusations involving employees or contractors with inside access.
Because “intent” is often based on circumstantial evidence, the right defense can dismantle the prosecution’s theory before trial.
Felony vs. Misdemeanor Commercial Burglary
Under California law, commercial burglary is typically considered second-degree burglary, which can be charged as either a misdemeanor or felony (“wobbler”).
Misdemeanor: Up to 1 year in county jail, probation, and fines.
Felony: 16 months to 3 years in state prison, plus restitution and long-term probation.
Factors that determine the level include prior record, time of entry (open vs. closed hours), and value of property. Early legal intervention can heavily influence how prosecutors file the case.
Potential Consequences Beyond Jail Time
A conviction can affect far more than incarceration.
Employment impact: Theft-related convictions often bar access to certain professions and licenses.
Immigration consequences: Crimes of moral turpitude can trigger deportation or denial of naturalization.
Civil penalties: Restitution orders and business-ban conditions.
Reputation damage: Permanent records accessible to employers and landlords.
Our focus is on minimizing these outcomes through dismissal, charge reduction, or diversion whenever possible.
Protect Your Record Before It’s Too Late
Commercial burglary charges can impact your future long after the case ends. The sooner you act, the more leverage you have to fight or reduce the charges. Contact our Santa Ana office today for a free, confidential case review and get a clear, honest assessment of your best next steps.