Theft, robbery, and burglary are three different crimes under California law, and a conviction for any of these offenses could put someone behind bars. If you are charged with robbery, burglary, or theft – now or in the future – arrange at once to speak with a Los Angeles theft attorney.
How are theft, robbery, and burglary defined by the law in this state? What makes these crimes distinct from one another? How are convictions for these crimes penalized? And how will a Los Angeles burglary lawyer help you if you are charged with one of these crimes?
Theft (called “larceny” in California) is categorized as grand larceny or petty larceny hinging on the nature and value of whatever has been stolen. You may also be charged with larceny for failing to return rented or borrowed items like a rental car or even books from a public library.
The charge is grand larceny, a felony, if the stolen property’s value exceeds $950 or if the stolen item is a firearm, an automobile, an animal, or particular agricultural or food items valued in excess of $250.
In most cases, a theft or larceny conviction can put a defendant behind bars for up to three years if the crime is charged as a felony. If the charge is a misdemeanor, a conviction may be penalized with up to a year in a county jail.
Larceny is theft, but burglary and robbery are offenses that add a second element to a theft. Generally, a robber steals by using some type of force, while a burglar operates by breaking in or sneaking into a home, business, or vehicle.
Burglary occurs when someone enters a structure with the intent to steal once inside. Merely entering a home, business, or vehicle with the intent to steal is sufficient to convict a defendant of burglary. Actually stealing something is not required in order to convict someone of burglary.
First-degree or “residential” burglary is a felony in California. A conviction may be penalized with a number of years in prison and/or a costly fine. Second-degree burglary (also called “commercial” burglary) is a burglary of any structure that isn’t a residence.
A second-degree burglary may be charged, at a prosecutor’s discretion, as a misdemeanor or as a felony. A second-degree burglary felony conviction may be penalized with a lengthy prison sentence, and a misdemeanor burglary conviction may be penalized with a shorter jail sentence.
Because it involves force or the threat of force and puts the public at risk, robbery is a felony in this state. California law defines robbery as the “taking of personal property . . . by means of force or fear.”
First-degree robbery is a robbery committed inside an inhabited structure, the robbery of someone who has used an ATM and is still near that ATM, or the robbery of a passenger or driver on or in a subway, bus, cable car, taxi, streetcar, or some other public transportation.
A first-degree robbery conviction can send the offender to state prison for up to nine years. All other robberies in California – except for carjackings – are second-degree robberies. A second-degree robbery conviction can send an offender to state prison for as long as five years.
If a person steals a parked vehicle from a garage, a parking lot, a driveway, or the street, it’s grand larceny. However, if a person steals a vehicle directly from its driver or owner by using force or intimidation, the charge is carjacking.
Carjacking defendants may be charged and prosecuted under this state’s specific carjacking statute. A carjacking conviction in California may be penalized with up to nine years in a state prison.
In California, possessing stolen property may be charged as either a felony or a misdemeanor. A felony conviction for the possession of stolen property can put a defendant in prison for up to three years. A misdemeanor conviction can send the defendant to jail for up to a year.
Could you be arrested and wrongly charged with burglary, theft, robbery, carjacking, or the possession of stolen property? It happens frequently in California. You may have believed the allegedly stolen item was in fact yours.
You could be wrongly identified as a thief, carjacker, or shoplifter by a mistaken witness. And in some cases, a theft, burglary, robbery, or carjacking charge against you could be completely fabricated. In any of these scenarios, you must contact a Los Angeles theft attorney at once.
Before you can be convicted of a burglary or a theft, a California prosecutor must prove that you are guilty beyond a reasonable doubt. Never decide to be your own lawyer. Too much is at stake. You must be represented and advised by an experienced Southern California defense attorney.
But with so many criminal defense attorneys in Southern California, how can you locate an attorney who will make your case the highest priority, protect your rights aggressively, and defend you effectively while bringing your case to its best possible outcome?
If you are charged with committing a robbery, a theft, or a burglary, contact Hurwitz Law Group as quickly as possible. Los Angeles burglary lawyer Brian Hurwitz is an award-winning defense attorney who has built a reputation for superlative client service and legal excellence.
Attorney Brian Hurwitz will review the details of your case and prepare an appropriate and effective defense strategy. He will move to have the criminal charge dismissed or dropped, to negotiate a plea deal you can live with, or to win your acquittal at trial.
We provide affordable legal fees and several payment plans as well as no-cost initial telephone consultations to prospective clients. If you are accused of theft, burglary, or robbery in the Los Angeles area, now or in the future, promptly contact Hurwitz Law Group at 323-310-9677.
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