Los Angeles police reported this past Tuesday that actress Lindsay Lohan was the victim of a “breaking and entering” crime.  The security alarm company that services the actress’ house called police after the house’s alarm went off.  Police arrived at the Los Angeles-area home to find pry marks on the back door and evidence of tampering on one of the back windows.  Police reported that while the house appeared to have been ransacked, it did not appear that anything was stolen.  Lohan was not at home during the alleged break in.
Even if property was not stolen, breaking and entering is still a criminal offense that can put you in hot water in Los Angeles.  Breaking and entering, more often known as trespassing, is technically defined as entering, occupying or simply not leaving another person’s home or property without the owner’s permission.  Trespassing/breaking and entering is typically a misdemeanor offense.  If convicted of trespassing, you could be sentenced to 180 days in a county jail, fines of as much as $1,000, community service or probation.  This may not seem like much, but a trespassing charge will still be put on your criminal record, which could hurt your chances when applying for jobs or housing.  If prosecutors can prove an intent to actually steal something, then charges can be upgraded, so to speak, to burglary, which is often classified as a felony criminal offense and can count against you as a “strike” under California’s “Three Strikes Law.”
If convicted under the “Three Strikes Law,” enhanced penalties such as longer prison sentences will apply.  First degree burglary, which is burglary that occurs in a home or other type of residential dwelling, is generally punishable by a minimum of two years and a maximum of six years in a state prison.  Breaking and entering, or trespassing, charges should be taken very seriously as they can quickly escalate to even more serious charges.  An experienced criminal defense attorney is an asset you need by your side to deal with it.  A good criminal defense attorney knows that one of the most important factors in trespassing cases is proving or disproving the defendant’s intent.  Another is whether or not a defendant has visited the home in question in the past.

If you are facing breaking and entering or burglary charges, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense.

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