Legal Question in Criminal Law in California

burglary

if you go into a store and they accuse you of stealing items totaling to over 400 can they charge you with burglary.


Asked on 3/26/09, 11:58 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: burglary

Why wouldn't they charge you with burglary? You committed burglary by entering the store intending to steal the items.

If you had $400 on you at the time, your lawyer might be able to claim you didn't form the intent to steal until after you entered the store.

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Answered on 3/27/09, 12:25 am
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: burglary

Yes, they can. To be guilty of burglary the prosecution would need to show that you had the intent of stealing before entering the store. For example, a tool designed to remove anti-theft tags would provide such evidence.

You need to consult and get a lawyer to fight this rather serious charge.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/27/09, 3:54 pm


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