Legal Question in Criminal Law in California

Re: Burglary and Petty theft

Petty Theft is a misdeameaner and Burglary is a felony. Generally, the most jail time petty theft can be is less than 1 year. For burglary, it is over one year. Normally, negotiations with the district attorney may result in burglary being reduced to petty theft or another misdeanmeaner.

Re: Burglary and Petty theft

The difference between burglary and petty theft turns on the intent that the actor had before entering the place where the theft occurred: if the actor had intent to steal before entering into the building, the crime is burglary. If the actor formed the intent to steal after entering the building, the crime is theft. Call us to further discuss this distinction.

Re: Burglary and Petty theft

Thanks for your posting. Petty theft is generally defined as the theft of property belonging to another worth less than $400.00.

Burglary is defined as the "breaking and entering of the dwelling of another with intent to commit a crime therein."

Burglary does not have to involve theft, in fact breaking and entering with intend to assault or commit some other crime is still burglary.

If you have other questions, please feel free to email me directly. Thanks.

Re: Burglary and Petty theft

Theft is taking property with the intent to permanently deprive the owner of the property. The distinction of "petty" indicates that the value of the property was $400.00 or less and is a misdemeanor.

Burglary indicates that someone entered a building or establishment with the intent to commit a theft.

A burglary can be first of second degree. First degree is a felony punishable by 2, 4, or 6 years in prison. Second degree is punishable up to 1 year in the county jail.

Consult penal code section 459-460