The Irvine Police Department posed a new Felony Friday request for help in locating a burglary suspect.
Detectives have identified Yonatan Angel Loaeza, 34, of Anaheim, as the suspect in connection with at least four residential burglaries in Irvine.
If you have any information about his whereabouts, please contact Detective Guzman at Xguzman@cityofirvine.org.
In California, committing residential burglary is a serious felony offense, specifically categorized as first-degree burglary under Penal Code 460 PC. The penalties are substantial, especially when multiple burglaries are involved.
Here’s a breakdown of the potential penalties for four residential burglaries in Irvine, California:
1. First-Degree Residential Burglary (PC 460 PC):
- Always a felony: Residential burglary is never a misdemeanor.
- Prison sentence: For a single first-degree residential burglary, the typical sentence is two, four, or six years in California state prison.
- Fines: Up to $10,000.
- “Strike” offense: First-degree residential burglary is considered a “strike” under California’s Three Strikes Law. This means that each conviction counts as a strike on your record, significantly increasing the penalties for future felony convictions.
- Probation: While formal felony probation is possible, judges are generally less likely to grant it for first-degree burglary, and a state prison sentence is often imposed, followed by supervised parole.
- Inhabited dwelling: It’s important to note that “inhabited” means currently being used for dwelling purposes, whether occupied or not. The residents do not need to be home at the time of the burglary.
2. Sentencing for Multiple Residential Burglaries: Committing four residential burglaries will lead to significantly harsher penalties due to the multiple convictions and the “strike” nature of each offense.
- Consecutive Sentencing: For multiple offenses, especially serious felonies like residential burglary, courts often impose consecutive sentences, meaning the prison terms for each burglary are served one after another, rather than concurrently (at the same time). This can lead to a very long prison term.
- Aggravating Factors: Several factors can further increase the sentence:
- Prior criminal record: If you have any previous felony convictions, particularly for violent or property crimes, your sentence will be enhanced.
- Occupants present: If someone was home during any of the burglaries, it’s considered a more severe crime and can lead to significantly longer sentences (you would have to serve 85% of the sentence). In some cases, this could even lead to home invasion charges, which are more severe.
- Use of a deadly weapon: Using a weapon during any of the burglaries will substantially increase the sentence.
- Bodily harm: If any victim suffered great bodily injury during a burglary, additional years will be added to the prison sentence.
- Multiple offenders: If the burglaries involved multiple individuals, all participants may face increased sentences.
- High-value theft: The value of the stolen items can also impact the severity of the sentence.
Example Scenario (Highly Simplified): If each of the four burglaries resulted in the middle-range sentence of 4 years, and they were served consecutively, you would be looking at a base of 16 years in state prison (4 burglaries x 4 years/burglary). However, with various aggravating factors and the “Three Strikes” law, the actual sentence could be much, much longer.
Important Considerations:
- Intent: A key element of burglary is that the person entered the structure with the intent to commit a theft or any felony once inside. If this intent wasn’t present before entering, it may not be considered burglary.
- Legal Counsel: Given the severity of these charges, it is absolutely critical to retain an experienced criminal defense attorney in Irvine or Orange County. They can assess the specifics of your case, identify potential defenses (such as lack of intent, mistaken identity, illegal search and seizure, or inaccurate witness testimony), and work to mitigate the consequences, potentially through plea deals or by challenging the prosecution’s evidence.
