Legal Question in Criminal Law in California

my boyfriend was charged with 459PC

my boyfriend was charged with 459PC/burgerly but he didnt take anything from the store the person he was with did and ran and the person gave him there backpack and phone but there were no items from the store in the backpack. wht will happen will the charges get dropped?


Asked on 4/25/09, 7:39 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: my boyfriend was charged with 459PC

Taking something is not part of the definition of burglary, so the fact that your boyfriend didn't take anything does not mean there is a problem with the charges. I see no reason to think they will be dropped. He needs a lawyer ASAP to help him get the best outcome available under the circumstances.

Read more
Answered on 4/25/09, 7:49 pm
Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: my boyfriend was charged with 459PC

The issue will be whether your boyfriend entered the store with the intent to steal something (or to help his friend steal something) not whether he or his friend were successful in stealing something. The fact that there was no stolen property found on your boyfriend is helpful. But, depending on what the security gaurds observed and what your boyfriend said when apprehended, the prosecutor may still be able to prove the charges.

Read more
Answered on 4/26/09, 7:23 pm


Related Questions & Answers

More Criminal Law questions and answers in California