Walnut Creek Burglary Lawyer
Over 30 Years Defending Burglary Cases in Contra Costa County
Burglary is one of the most aggressively prosecuted property crimes in Contra Costa County, and a conviction carries consequences that reach well beyond a prison sentence. I’m Tom McKenna, and I’ve been defending clients against burglary and related charges in Walnut Creek for over 30 years. When you work with my office, you work with me directly, not a junior associate, from the first consultation through any trial.
Referrals from legal peers and court staff have been a consistent part of my practice, and that reputation is built case by case in the same courts where your matter will be heard. If you’re facing burglary charges, early action matters. The sooner we begin investigating your arrest and evaluating the prosecution’s evidence, the more options may be available.
Call Law Office of Thomas F. McKenna today at (925) 744-8404 or contact us online to schedule a consultation with our burglary attorney in Walnut Creek.
What Constitutes Burglary Under California Law?
California Penal Code §459 defines burglary as entering a building, room within a building, or other structure with the intent to commit theft or any felony. That intent element is the crux of most burglary prosecutions: the charge can be filed even if no theft or other crime was completed. What matters to the prosecution is what the defendant allegedly intended at the moment of entry.
First-Degree Burglary
First-degree burglary involves an inhabited dwelling, a place where someone lives. It’s always charged as a felony and counts as a strike under California’s Three Strikes Law, which can dramatically affect sentencing on any future conviction.
Second-Degree Burglary
Second-degree burglary covers entry into commercial buildings and other non-inhabited structures. It’s a wobbler offense, meaning the prosecution can charge it as either a felony or a misdemeanor depending on the circumstances and the defendant’s criminal history. Under Proposition 47, conduct that qualifies as shoplifting, entering an open commercial establishment during business hours with intent to steal merchandise valued at $950 or less, must be charged as misdemeanor shoplifting under Penal Code §459.5 rather than as burglary. Those with prior commercial burglary convictions meeting that definition may be eligible to petition for retroactive reclassification, though eligibility depends on the specific facts of the case and whether any disqualifying prior convictions exist.
California Burglary Penalties: What You’re Facing
Sentencing ranges for burglary in California are significant and escalate sharply when prior strikes are involved.
First-Degree Burglary: A conviction carries 2, 4, or 6 years in California state prison. Because it counts as a strike, a prior strike conviction can double the sentence on a new felony. Two prior strikes can trigger a 25-years-to-life sentence under the Three Strikes Law if the new felony is also a serious or violent offense.
Second-Degree Burglary: As a felony, the sentencing range is 16 months, 2 years, or 3 years in state prison. As a misdemeanor, the maximum is 1 year in county jail.
Beyond imprisonment, a burglary conviction creates consequences that affect everyday life: background checks create employment barriers, certain professional licenses become unavailable, housing applications can be denied, and non-citizens may face immigration consequences. The Contra Costa County District Attorney’s Office reported a 96% felony conviction rate in 2025, compared to a statewide average of 81%. That figure reflects how aggressively this jurisdiction prosecutes these cases and why early, prepared representation matters.
Defenses Against Burglary Charges in Walnut Creek
A burglary charge is not a conviction. My approach begins with a thorough investigation: reviewing the arrest details, the evidence the prosecution has gathered, and any constitutional issues with how that evidence was obtained. Three decades of appearing before Contra Costa County judges and working against local prosecutors informs how I develop and present each defense strategy.
Common defenses in burglary cases include:
- Lack of Intent: Burglary requires proof that the defendant intended to commit a crime at the moment of entry. Challenging intent is often an effective defense. If the prosecution can’t establish that specific mental state, the charge may not hold regardless of what else occurred.
- Mistaken Identity: Eyewitness testimony and surveillance footage can be unreliable. Alibi evidence, forensic challenges, and cross-examination of identification witnesses can establish reasonable doubt about who actually entered the property.
- Consent: If the defendant had permission to enter the property, the unlawful entry element is absent. This defense applies when a property owner or occupant authorized access, even informally.
- Illegal Search and Seizure: Evidence obtained in violation of the Fourth Amendment can be suppressed through a pretrial motion. If the prosecution’s key evidence is excluded, the case against you may become substantially weaker.
Why Contra Costa County Courtroom Experience Matters
Burglary charges filed in Walnut Creek are prosecuted through the Superior Court of California, County of Contra Costa, with the criminal division headquartered in Martinez. How a case resolves depends not just on the law, but on the specific practices of the local bench and the Contra Costa County District Attorney’s Office: which arguments carry weight, what evidence prosecutors prioritize, and how pretrial negotiations typically unfold in this jurisdiction.
That local knowledge is something I’ve built over more than 30 years of practice here. I know the sentencing tendencies of local judges, how the DA’s office approaches burglary cases at different severity levels, and which defense arguments have gained traction in this court. Retaining a burglary lawyer who has practiced in Walnut Creek and Contra Costa County for decades means the experience is specific to the court where your case will actually be decided, not borrowed from somewhere else.
What to Do After a Burglary Arrest in Walnut Creek
After a burglary arrest in California, you’ll typically be booked, held, and brought before a judge at arraignment, the first formal court appearance where charges are read and a plea is entered. What you do between arrest and arraignment can significantly affect your case.
The most important step is to invoke your right to an attorney immediately and say nothing to law enforcement beyond identifying yourself. Statements made after arrest can be used by the prosecution, and anything said without counsel present often complicates a defense that could otherwise have been stronger.
Retaining a burglary attorney early opens options that close as the case advances: evidence can be preserved, witnesses can be interviewed while memories are fresh, and suppression motions can be filed before trial. From our first meeting, I can also evaluate whether diversion programs or charge reductions may apply given the facts and your history. That evaluation begins with a free consultation, where I can explain the charges, the potential consequences, and what defense strategies may be available in your specific situation.
Contact a Walnut Creek Burglary Attorney
If you or a loved one are facing burglary charges in Contra Costa County, the decisions you make right now matter. I’ve spent more than 30 years defending clients in these courts, and I’m ready to put that experience to work for you. Call Law Office of Thomas F. McKenna to schedule a free consultation and discuss where your case stands.
Contact Law Office of Thomas F. McKenna today to speak with a Walnut Creek burglary lawyer about your case.
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This firm is the best in the Bay Area.
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They showed that they care and are responsible throughout the process.
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One of the best lawyers in the Bay Area!
“He will get you the best deal and even NO time at all!”
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