Legal Question in Criminal Law in California
My friend broke into an ilegal marajuana grow house and took all of the weed, and he was armed with a gun. He has done this before and will do it again. He thinks its ok because the grow house is illegal. Besides everything that can go wrong if he gets caught by the growers I want to tell him exactly how ilegal his actions are if the police catch him in the house with a gun . can his charges be Burglery w/gun on a residence I think that alone is 7-10 yrs,,, Ouch! Thank You for your time wirt
2 Answers from Attorneys
Your Friend is not Dog the Bounty Hunter and even if he was, there is no right to burgle houses even if there is "illegal" activity going on there. Yes, Your Friend could be arrested and charged with burglary, and sent to prison where the growers' home boys will be waiting for him with shivs. Even if he doesn't get arrested, there remains the threat of getting shot or worse by the growers. Try beheaded. Is he robbing the same grow house over and over, or does he have a way of finding new ones? Sure sounds like a tough way to make a living.
You are right and your friend is wrong. Burglary is a crime even if the victims are criminals, and even if the burglar steals illicit drugs. Using a firearm in connection with the crime will add substantially to the sentence, even if he doesn't fire it.
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