Breaking and Entering California Penal Code 459
Breaking and Entering is labeled as California Penal Code 459. Breaking is defined as intentionally entering into a building by force or some other fraudulent means. Entering is defined as entry to a building or structure. However, the breaking element is no longer needed to establish Penal Code 459. Entry alone is enough even without any fraudulent entry. Placing any body part into a door is sufficient to meet the entry element of California Penal Code 459. There are certain types of Breaking and Entering such as Penal Code 602 Trespass and Penal Code 594 Vandalism.
Burglary is so serious of a crime that it is part of California’s three strikes law. The three strikes law drastically increases penalties for certain offenders and crimes. For repeat offenders of any three strikes law, the second offense doubles the penalty and the third offense results in life in jail.
Under California Penal Code 459, burglary is defined as entering a structure, residential or commercial, with the intent to commit a petty theft or felony once inside. This is different than robbery in that no violence is used and the intentions of stealing were apparent before entering the structure. If you’ve been charged with burglary, a San Diego criminal defense lawyer at our office will help you understand the ramifications of a possible conviction.
The penalties you face when charged with burglary can drastically change your life. Not only will you be in danger of a prison sentence, but you also get a strike on your record, making any repeat offense doubly punishable. At the Law Offices of Bradley R. Corbett you will find a skilled and experienced San Diego burglary lawyer ready to fight tenaciously for your freedoms.
Punishable as a misdemeanor or a felony, auto burglary is the theft of a vehicle, whether temporarily or permanently, that belongs to someone else. Auto burglary usually falls in three categories:
- Grand theft auto: The intentional stealing of a vehicle where the owner is permanently deprived of their vehicle. This is charged as a felony.
- Petty theft: Forced entry of a vehicle and theft of the items in the car. This is usually charged as a misdemeanor.
- Other auto burglary offense: This would include any other felony inside the vehicle or temporary theft of a vehicle.
The possible sentences for auto burglary vary according the seriousness of the charge, but can range from fines to time in jail. If you’ve been wrongly accused of auto burglary, contact the expert criminal defense team at the Law Offices of Bradley R. Corbett today for your free case consultation.
Minors and Burglary
It can be embarrassing, frightening, and distressing for a minor when they are arrested for burglary. A minor with burglary on their criminal record can have a hard time getting a job, getting into college, and succeeding when they reach adulthood. If you are a minor who has been charged with burglary, a San Diego criminal defense attorney at the Law Offices of Bradley R. Corbett will tirelessly strive to reduce the charges and penalties of your crime to protect your future.
Looting California Penal Code 463
In California Looting refers to when someone commits a 1) Commercial burglary 2) Grand theft 3) Petty theft 4) Grand Theft of a firearm. Looting is apparent when people cause chaos of such emergencies to steal goods from markets.
A person arrested for violating California Penal Code 463 occurs during chaotic situations where the police have difficulty in maintaining order. The most common defense to looting is misidentification, where the person was merely only an innocent bystander.
If the person has caused a petty theft then he or she will be subject to a misdemeanor. The person will serve a between 90 days to six months in county jail. Commercial burglary or grand theft is considered a wobbler in California, which means it could be filed as either a misdemeanor or a felony. These crimes carry a minimum sentence of 180 days in jail. If it’s a misdemeanor then the maximum sentence is one year of jail, as a felony the maximum sentence is three years in state prison. If the person commits a grant theft of a firearm then it is considered to be a straight felony. The person serves a minimum of 180 days in jail and maximum of three years in state prison.
Commercial Burglary California Penal Code 641.3
Commercial Burglary is defined in California by 1) An employee has intent to defraud 2) Accepts something of value exceeding $250 3) From another employer 4) Without the employer being aware of the situation 5) As a result to benefit him or herself. There is one common defense to California Penal Code 641.3.
The defense to California Penal Code 641.3 is lacking intent. A person cannot be convicted under Penal Code 641.3 without having intent to bribe another employer.
California Penal Code 641.3 could be considered either a misdemeanor or a felony depending on the bribe itself. If the bribe is valued under $1,000 then it is considered a misdemeanor, and he or she may face a maximum sentence of one year in county jail. If the bribe is valued over $1,000 then it is considered a felony, and the person may face a maximum sentence of three years in California state prison.