Legal Question in Criminal Law in California

Burglary or Commercial Burglary

If a person quits their job, then takes parts that belong to the company. Is that burglary or commercial burglary? And what would be the punishment be?


Asked on 8/28/01, 7:01 pm

2 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Burglary or Commercial Burglary

There are insufficient facts to answer your question.

However, if the person was lawfully on the property as an employee or quest, and took the parts that's probably 'theft.'

If the property had a residence attached and the former employee entered unlawfully then it may be 'residential burglary.'

If it is a business or commercial property then it is probably 'commercial burglary.'

Residential burglary is normally treated as a greater offense than commercial burglary since there is greater danger of coming into contact with the residence's occupants and the confrontation may lead to violence and injury.

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Answered on 9/17/01, 10:28 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Burglary or Commercial Burglary

Thanks for your email. As others have mentioned, burglary involves a residence, and commercial burglary involves a place of business (generally), and you did not specify where this act took place. Also, whether or not it is a misdemeanor or a felony is controlled by the amount taken, which you did not specify. If a felony, it can carry up to 4 years in state prison, unless the person has priors, which can substantially enhance the sentence, up to life imprisonment.

If you want to give me details, I can give you a more detailed answer. Please feel free to contact me via phone at 1/877/568-2977 or email me.

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Answered on 9/17/01, 2:32 pm


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