Charged With Second-Degree Burglary? When Your Past Becomes the Prosecution’s Focus
Estimated Read Time: 3 Minutes
Reviewed by Attorney Nate Gjesdal
Jan 6, 2026
Some clients come to us carrying more than just a new charge. They come carrying a past the system refuses to forget.
In this case, a man with prior criminal history from earlier in life was arrested and charged with second-degree burglary in Southern California. He had already served jail time years ago and had worked hard to distance himself from who he once was. But when this new allegation surfaced, it felt like none of that mattered.
Instead of being evaluated on what actually happened this time, he felt like his past was quietly deciding the outcome before the case even began.
When a Burglary Charge Becomes More Complicated
Second-degree burglary generally involves entering a commercial building with intent to commit theft or another felony. On its own, it’s a serious charge — but one that often turns on very specific facts, especially intent.
What complicated this case was an additional allegation. When the client was arrested, officers pointed to a common tool, such as a hammer, found in his possession and suggested it could be used to facilitate burglary. Prosecutors leaned heavily on that assumption to argue intent even though the item itself was legal and commonly carried.
For someone with a prior record, that kind of framing can significantly raise the stakes and shift the narrative.
When Your History Shapes the Narrative
Once a person has been in the system before, especially earlier in life, it’s not uncommon for old assumptions to resurface quickly.
In this case:
Past conduct was emphasized early
Intent was inferred rather than proven
Everyday circumstances were viewed through a harsher lens
The client’s explanation was largely dismissed
To make matters worse, the family felt extremely shut out of the process. With a public defender managing a heavy caseload, they struggled to get answers, context, or meaningful communication. They didn’t feel heard and they didn’t have confidence that they could get the best defense.
This led to their decision to seek private representation.
What Changed With a Private Defense
When Attorney Nate Gjesdal became involved, the approach shifted immediately.
Instead of allowing assumptions to drive the case, Nate focused on what the law actually requires:
Clear proof of intent
Evidence tied to the current allegation (not past history)
Context around the circumstances of the arrest
Whether speculation was being substituted for facts
A prior record does not eliminate the prosecution’s burden of proof. And possession of a legal, everyday item does not automatically establish criminal intent. Those distinctions matter, but only if someone takes the time to shine light on them.
Why Individual Attention Matters in These Cases
Burglary cases involving prior convictions are often where people fall through the cracks. They move quickly and without careful advocacy, outcomes can be harsher than they should be.
In cases like this, slowing the process down can change everything.
Your Past Is Not the End of the Story
Having a record does not mean someone forfeits their right to a fair defense. Second-degree burglary cases rise and fall on evidence, intent, and context (not on who someone used to be).
Not Guilty Law represents clients throughout Orange County, Riverside County, and Southern California, including those with complicated histories. Our role is to make sure today’s case is judged on today’s facts.
If you’re facing a burglary charge and worried that your past will define your future, getting the right guidance early can make a real difference.
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