Burglary, Robbery, & Theft in CaliforniaSan Diego Legal News
Being charged with the crimes of burglary, robbery, or theft in the State of California are serious offenses. Each of these charges carries fines and the possibility of jail time. If you or someone you know is in the San Diego area and has been charged with any of the preceding charges, you need to seek the advice of a skilled criminal defense attorney to aid in preserving your freedom.
Burglary in California
Burglary in the State of California is defined as when a defendant enters a property without permission and with the intent to commit a crime. A prosecutor must demonstrate that the defendant had a specific intent to commit a crime once gaining unlawful access to a domicile. If the prosecutor cannot prove that the defendant had a specific intent to commit a crime when breaking and entering a premise, this can provide some relief for the defendant. There are two levels of burglary in California. First-degree burglary is classified as any unlawful intrusion inside of any inhabited dwelling (homes, tents, vehicles, etc). Second-degree burglary is defined as an unlawful intrusion into a commercial space, business, and all others.
Robbery in California
Robbery in the State of California is defined as the use of force or intimidation to take personal property from another person’s immediate presence. In order for a prosecutor to apply such a charge, they must first prove four crucial factors. First, they must prove that the defendant intentionally used force or intimidation to cause fear. Next, they must show that the victim of the crime of the robbery feared an unlawful injury to themselves, others, or the property involved in the event. Third, they must show that the property was, in fact, taken. Fourth, they must show that the defendant attempted to escape with the stolen property. An experienced criminal defense attorney can examine and undermine the prosecution’s case through a detailed analysis of facts and evidence to better protect your rights.
Theft in California
Theft is legally defined as the unlawful taking and withholding of another individual’s property or right thereof. To ensure that the charges brought to bear have some force, a prosecutor must establish the specific criminal intent to commit malevolent acts concerning such a charge. There are two magnitudes of theft: petty theft and grand theft. Petty theft stipulates that the property value of the stolen item is under $50. This carries a fine of up to $1,000, a term of imprisonment lasting up to six months, or both. Prior criminal history may affect the degree of punishment. Grand theft accounts for any property that is over $50 and carries sentencing of up to one year in jail. Felony convictions can last from six months to three years; criminal history will determine the severity of punishment.
Contacting an Attorney
An experienced criminal defense attorney can be the difference between a fine and jail time or a misdemeanor and a felony. It is imperative that if you are charged with robbery, theft, or burglary that you consult with licensed counsel immediately. If you are someone you know in the San Diego Area has been accused of a crime, contact the Coastal Legal Center at 619-231-0724 for a free consultation.