Legal Question in Criminal Law in California

Re: fraud and theft

Fraud and theft are two very different offenses. If your boyfriend has been charged with fraud, it won't matter whether there is evidence he committed theft.

Possession of stolen property requires only that the defendant knew the property had been stolen and not that he stole it himself. Here again, the lack of evidence that he committed the theft won't matter.

Burglary and theft are also different crimes. Many thefts are not burglaries, and many burglaries are not thefts. Without more information I can't even say which charge has been brought, much less which one would be appropriate or how strong the case against your boyfriend might be.

Re: fraud and theft

I would need to know more facts to advise you on what your boyfriend is facing. To answer your question in part, yes, in order for your boyfriend to be convicted of burglary there needs to be evidence against him. Mere possession of stolen goods generally, by itself, would not be enough to convict him of burglary. Receiving stolen goods would be a more appropriate charge.

Feel free to contact me for a consultation if you are looking to retain a lawyer in Southern California.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com