Legal Question in Criminal Law in California

So, my house had been burglared twice and i installed security cam to catch burglared. Burglar was caught and she was my roommate's friend. She came over to our apartment to visit my friend. My room is a living room and separated with curtains, so she opened the curtain and took $400 worth of possessions right away.(she came into my place with intent to steal stuff) However the definition of first degree burglary says she has to have intend to steal when she enter the structure. She intent to visit my roommate when she came over to our house but she intent to steal when she opened up curtain to look for stuff to steal. So is this first degree or second degree burglary? Also, total worth of possession taken during three times of burglary was about $1600 but wasnt sure first two times are hers.


Asked on 1/12/12, 6:56 pm

1 Answer from Attorneys
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

At common law, yes, you must have the intent to steal before breaking and entering. Deciding to steal after already in the structure is larceny, or theft. If there are any more details you can express about this situation, please contact my law office.

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Answered on 1/13/12, 12:11 am


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