Oakland Burglary Attorney 

Facing A Burglary Charge & Not Sure What To Do Next?

Being arrested or charged with burglary is frightening, especially when you are worried about jail, your record, and your family. In California, burglary is a serious offense that can lead to felony consequences and long term limits on work and housing. If you are dealing with a burglary case here, Torres & Caraves Law is ready to guide you through each step of the criminal process.

We defend people accused of burglary and other theft-related crimes in this area, and we understand how quickly a case at Alameda County Superior Court can change the course of your life. Our attorneys bring over 30 years of collective litigation experience to every case, and we focus on clear communication so you always know what is happening. You do not have to face this alone or guess what your options might be.

Our team includes a former public defender and a multicultural group of lawyers and staff who work to earn your trust and respect. We listen to your side of the story, explain how the law applies to your situation, and help you make informed decisions about your defense. From arraignment through possible trial, we stand beside you and work to protect your future.

To speak with our experienced Oakland burglary lawyers, call us at (510) 953-5551 or contact us online today. 

Why Choose Our Team For Burglary Charges in Oakland

When you are looking for a lawyer after a burglary arrest, you need more than a name on a list. You need a firm that knows how these cases are handled in Alameda County and has spent years in the courtroom. At Torres & Caraves Law, our attorneys have more than three decades of collective litigation experience, and we use that background to analyze evidence, identify weaknesses in the prosecution’s case, and prepare for negotiation or trial.

Our team includes a former public defender who has handled a wide range of criminal charges, from burglary and theft to violent offenses. That experience inside local courts means we understand how cases are often charged, what factors matter to prosecutors, and how judges typically manage calendars and hearings. We use that insight to help clients understand the likely path of a case and plan realistic strategies.

We are also a multicultural firm with Spanish-speaking lawyers and staff. Many of the people who contact us have family members who primarily speak Spanish and who want to stay informed and involved. We speak directly with those family members, with your permission, so everyone has a clear picture of what is happening and what to expect at each court date. This reduces confusion and helps you feel supported throughout your case.

Above all, we build our practice around integrity, responsiveness, and respect. We return calls and messages, we explain what is happening in plain language, and we treat every client with dignity regardless of the allegations. People in this community choose us because they know we take our role seriously and work to earn their trust from the first conversation.

After A Burglary Arrest in Oakland: What You Should Do Next

The hours and days after an arrest are confusing, especially if you have never been through the criminal system before. You may be released with a court date or held and transported to Santa Rita Jail in Dublin while the case is filed in Alameda County Superior Court. During this time, what you do and say can affect your case, so it is important to act carefully.

Protect Your Rights Early

First, avoid discussing the facts of the incident with law enforcement without a lawyer present. Officers and detectives may ask for your side of the story, but anything you say can become part of the evidence against you. The same is true for phone calls from jail, which are usually recorded. It is often safer to wait and speak with a defense attorney who can help you decide what, if anything, should be shared and when.

Watch Your Court Dates & Gather Information

Next, pay close attention to your paperwork and upcoming court dates. For many burglary cases in this county, your first appearance, called an arraignment, will take place at Alameda County Superior Court in Oakland or another courthouse in the county, depending on where the incident is alleged to have occurred. At arraignment, the judge typically tells you the formal charges, addresses bail or release conditions, and sets the next court date.

If you are out of custody, it can help to gather any information that might matter later, such as contact information for witnesses, messages, photos, or other materials related to where you were and what you were doing. Do not investigate on your own or confront potential witnesses, but keep anything that could help your attorney understand your side.

Reaching out to our firm early allows us to start reviewing available information and advising you before important decisions are made. We can explain what to expect at arraignment, help you understand the charges, and begin planning a path forward. You do not need to know every detail of the law to protect yourself, but you do need to take a few clear steps and get legal guidance as soon as you can.

Understanding Burglary Charges Under California Law

Many people are surprised to learn what counts as burglary under California law. It is not limited to late night break-ins or dramatic scenarios. In simple terms, burglary involves entering a building, room, or certain types of vehicles with the intent to commit theft or another felony inside. The law focuses on the intent at the time of entry, not only on what actually happens afterward.

First & Second Degree Burglary

California recognizes different degrees of burglary. First degree burglary typically involves entry into an inhabited dwelling, such as a house or apartment, even if the occupants are not home at the time. This form of burglary is often treated as more serious because it involves a place where people live. Second degree burglary generally covers entries into commercial buildings, storage areas, or other structures that are not inhabited dwellings, as well as some vehicle related situations.

Burglary, Robbery & Theft

It is common for people to confuse burglary with robbery or simple theft. Robbery usually involves taking property from a person’s immediate presence through force or fear, while theft can involve taking property without any entry into a building. Burglary, in contrast, focuses on entering with a certain intent. Understanding these differences matters because each offense carries different possible penalties and long term effects.

In Alameda County, prosecutors decide how to file charges based on police reports, alleged facts, and a person’s history. A single incident may lead to multiple counts, such as burglary along with other theft-related or property crimes. Our role is to examine how your conduct is being characterized, consider whether the elements of burglary have actually been met, and advise you about options for addressing the charges.

Penalties & Consequences Of A Burglary Conviction

A burglary conviction in California can carry significant penalties, which vary based on the degree of the charge and the facts of the case. First degree residential burglary is usually treated as a felony and can be considered a serious offense under state law. Second degree burglary can sometimes be charged as a felony or a misdemeanor, depending on circumstances and a person’s record.

Direct Criminal Penalties

Possible direct penalties include time in county jail or state prison, formal probation or supervision, fines, and court-ordered restitution to any alleged victims. Courts may also issue protective or stay away orders that limit where you can go, which can affect where you live or work, especially if the alleged conduct involves a residence or business you once frequented. Conditions of probation can include search clauses, counseling, or other requirements.

Long Term Life Impact

Beyond court-imposed penalties, a burglary conviction can have lasting effects on everyday life. Many employers conduct background checks and may be hesitant to hire someone with a recent felony or theft-related conviction. Professional licensing boards, housing providers, and educational institutions may also view burglary convictions as serious, which can restrict future opportunities. For some people, this can change the kind of work or housing that is realistically available.

For non-citizens, certain burglary convictions may have immigration consequences, which can include risks to status or future applications. The specifics depend on how the offense is charged and resolved, and on individual history. Part of our job is to help you understand how potential outcomes may affect your long term plans and to work toward resolutions that limit harm whenever possible.

Defending Against Burglary Allegations

Even when burglary charges feel overwhelming, there are often issues that can be challenged or clarified. Every case has its own facts, evidence, and history, so there is no single approach that fits all situations. Our attorneys carefully review police reports, witness statements, and any available video or digital material to understand what the prosecution is relying on and where the weaknesses might be.

Challenging Intent & Identification

In some cases, a key question is whether the required intent existed at the time of entry. If there was no plan to commit theft or another felony when someone entered a building or vehicle, the legal basis for burglary may be weaker. Other cases involve questions of mistaken identity or unreliable identification, especially if the allegations are based on brief observations, poor lighting, or grainy security footage. We look closely at how identifications were made and whether they can be fairly relied upon.

Addressing Searches & Negotiating Outcomes

There can also be legal challenges related to how evidence was obtained. For example, if officers from the Oakland Police Department or another agency entered a home or searched a vehicle without a valid warrant or a recognized exception, it may be possible to file motions that ask the court to limit or exclude certain evidence. These issues are very fact specific, and we take the time to understand exactly how contact with law enforcement occurred.

Not every case goes to trial, and negotiation is often a critical part of the defense. We use our trial-tested background and public defender experience to evaluate offers, address overcharging, and pursue reduced counts or alternative resolutions where appropriate. Our goal is always to protect your rights, limit the impact on your record and future, and help you make thoughtful choices about whether to negotiate or move toward trial.

How Our Oakland Burglary Lawyer Team Works With You

When you contact our firm about a burglary case, we start by listening. The initial consultation is a chance for you to explain what has happened from your point of view, share any paperwork you have received, and tell us about upcoming court dates. We then discuss how California burglary law applies to the information you provide and what the next steps in your case are likely to be.

Communication Throughout Your Case

As your case moves forward, we focus on communication. We keep you updated about hearing dates, discovery from the prosecution, and any offers that may come from the district attorney’s office. Our attorneys explain each development in everyday language, not legal jargon, so you understand what is happening and what your options are at each stage. We want you to feel like a participant in your defense, not a bystander.

Support For You & Your Family

Our multicultural team works with many clients whose families play an important role in decision making and support. Because we have Spanish-speaking lawyers and staff, we can speak directly with you and your loved ones in the language you are most comfortable using, as long as you agree. This helps reduce misunderstandings and ensures that important information is clearly shared.

We also know how stressful it is to wait for answers. Our firm emphasizes responsiveness, which means we work to return calls and messages and address urgent concerns as promptly as we reasonably can. While criminal cases can take time, having a team that explains the process and stays in touch often makes a difficult situation easier to handle.

To speak with our experienced Oakland burglary lawyers, call us at (510) 953-5551 or contact us online today. 

Frequently Asked Questions

Will I Have To Go To Jail For A First-Time Burglary Charge?

Whether you face jail or prison time for a first-time burglary charge depends on many factors, including the degree of the charge, the specific facts, and how the court and prosecutor view the case. Some first-time offenders may be eligible for alternatives to custody, while others may face more serious exposure, especially if the allegation involves a residential burglary. Judges typically consider the nature of the conduct, any harm to alleged victims, and a person’s history when deciding on sentences.

Our role is to help you understand the range of possible outcomes and to work toward resolutions that reduce the risk of custody whenever the circumstances allow. We look at the strength of the evidence, any legal issues that may support motions, and your background. Then we use that analysis to advise you about negotiation and, if needed, trial options. While no attorney can promise a specific result, having a clear strategy and informed guidance can make a meaningful difference.

What Happens At My First Court Date In Alameda County?

Your first court date is usually the arraignment, which is where the judge formally tells you what charges have been filed and addresses release conditions. In Alameda County Superior Court, this appearance may take place in Oakland or another courthouse in the county, depending on where the alleged crime occurred. At arraignment, you typically enter a plea, often not guilty, and the court sets future dates for conferences or hearings.

If we are involved before your first appearance, we can explain the process in detail, appear with you, and speak on your behalf. We help you understand what documents you are being asked to sign, what the judge is likely to address, and how to answer basic questions. Knowing what to expect at arraignment often reduces anxiety and gives you more confidence as you stand before the court.

How Soon Should I Contact A Lawyer After A Burglary Arrest?

It is wise to contact a lawyer as soon as you can after a burglary arrest or if you learn that you are being investigated. Early legal advice can help you avoid statements or decisions that might hurt your case later. Police and prosecutors often begin gathering evidence and filing paperwork quickly, and having an attorney involved during this stage allows you to respond in a more informed way.

When you reach out to our team, we discuss the current status of your case, whether charges have been filed, and when your first court date is likely to be scheduled. We can then start reviewing the situation, request discovery once it becomes available, and advise you about immediate steps, such as handling bail conditions or protective orders. Acting early does not guarantee a particular outcome, but it often gives you more control over how your case develops.

Can Your Team Help My Spanish-Speaking Family Understand My Case?

Yes, our team includes Spanish-speaking lawyers and staff, and we regularly work with families who prefer to discuss legal issues in Spanish. With your permission, we can explain court dates, conditions, and options to your family members in a language they fully understand. This helps ensure that the people supporting you are informed and able to help you follow through on court requirements.

We know that criminal charges affect entire families, not just the person whose name is on the complaint. Clear communication with those closest to you can make it easier to manage transportation to court, work schedules, and emotional stress. Our multicultural approach is designed to make the process more accessible and respectful for everyone involved.

What Defenses Might Apply In A Burglary Case Like Mine?

Possible defenses in a burglary case depend heavily on the specific facts, but there are some common themes that often arise. One question is whether there was actually an intent to commit theft or another felony at the time of entry, because that intent is a key element of burglary under California law. If the prosecution cannot prove that intent, the basis for the charge may be weaker.

Other defenses can involve mistaken identity, unreliable eyewitness accounts, or problems with how law enforcement collected or handled evidence. For example, if officers entered a home without a proper warrant or if a search of a vehicle went beyond what was legally allowed, it may be possible to challenge those actions. When we review your case, we look for these and other issues, then develop a defense strategy that fits your circumstances instead of applying a one size fits all approach.

How Will I Know What Is Happening With My Burglary Case?

You will know what is happening with your case because we work to keep you informed at each stage. That begins with explaining the general path of a burglary case in California, from arraignment to pretrial conferences and possible motions or trial. As your case progresses, we update you about new court dates, discovery received from the prosecution, and any offers or changes in position.

Our attorneys take time to explain what legal developments mean for you in practical terms, not just in legal language. We encourage questions and aim to respond to calls and messages as promptly as we reasonably can. This approach helps you feel more in control and better prepared to make important decisions about offers, motions, or trial.

Can A Burglary Conviction Affect My Job Or Immigration Status?

Yes, a burglary conviction can affect employment and, for some people, immigration status. Many employers run background checks and may have policies about hiring individuals with certain types of convictions, especially those involving property or trust. A conviction can also influence how landlords, licensing boards, and schools view your applications.

For non-citizens, certain burglary convictions can carry immigration risks, which may include potential problems with current status or future applications. The specific impact depends on the exact offense, the sentence, and your overall history. Part of our work is to help you understand these possible consequences before you decide how to resolve your case, and to seek options that reduce long term harm where circumstances permit.

Talk With Our Team About Your Burglary Case

If you or a loved one is facing a burglary charge in this area, you do not have to face the court system alone. The decisions you make early in the case can shape the outcome and your future, and having a knowledgeable advocate on your side can make a difficult situation more manageable. Our attorneys bring more than 30 years of collective litigation experience to the table and are prepared to stand with you in Alameda County criminal courts.

At Torres & Caraves Law, we focus on respectful communication, careful analysis, and strategies that aim to limit the impact of burglary charges on your life. We take the time to explain your options, answer your questions, and keep you informed at each stage of the process. When you are ready to talk about your situation and your next steps, we are here to listen and help you plan a path forward.

To speak with our experienced Oakland burglary lawyers, call us at (510) 953-5551 or contact us online today.