The Dangerous Consequences of Burglary
The Dangerous Consequences of Burglary In the wake of the December 2015 mass shooting in San Bernardino, President Obama and other lawmakers around the country have called for a renewed commitment to tighten gun laws. Of course, the effect of this has been that gun sales have increased across the United States.1 In California, sales have greatly increased since the San Bernardino shootings, with 134,000 sales following the shooting. Californians…
Read MoreCan You Be Arrested for Burglary If You Didn’t Take Anything? (California Penal Code 459)
Can You Be Arrested for Burglary If You Didn’t Take Anything? (California Penal Code 459) Many people believe that you must actually take something in order to be convicted of burglary. It's a perfectly valid assumption since the idea of a burglary brings to mind a person physically taking someone else's possessions. However, this is not the case. You can be arrested for burglary even if you didn't take anything.…
Read MoreCan You Be Charged With Burglary When You Didn’t Commit the Act of Burglary?
Can You Be Charged With Burglary When You Didn't Commit the Act of Burglary? You know your neighbors are going to be gone on vacation. You also know that they have valuables worth stealing. But instead of going in to burglarize the residence, you call an associate and give them the information, and they burglarize the residence. Your friend is later arrested and names you as the person who gave…
Read MoreThe Crimes in “The Hangover” Would Send the Wolfpack to Prison
The Crimes in “The Hangover” Would Send the Wolfpack to Prison Moviegoers in the summer of 2009 were taken aback when four friends went on a Las Vegas adventure that they would never forget. Actually, that is exactly what they did. One night into their Las Vegas bachelor party, Phil, Stu and Alan became so intoxicated on drugs and alcohol that they lose their friend Doug, and completely forget how.…
Read MoreOne Act, One Punishment: Check Forgery and Commercial Burglary in Orange County as a Single Objective (Penal Code Sections 460, 470, 654)
One Act, One Punishment: Check Forgery and Commercial Burglary in Orange County as a Single Objective (Penal Code Sections 460, 470, 654) In California, you are protected from being sentenced more than once for multiple crimes resulting out of the same act. California Penal Code Section 654 states the following: “An act or omission that is punishable in different ways by different provisions of law shall be punished under the…
Read MoreAttempted Burglary vs. Burglary in Ventura County: What’s the Difference?
Attempted Burglary vs. Burglary in Ventura County: What’s the Difference? Attempted Burglary vs. Burglary in Ventura County: What’s the Difference? California law under Penal Code Section 459 describes the crime of burglary as entering certain places such as a house, room, structure, or a locked vehicle with the intent to commit any felony or to steal something. California Penal Code Section 460 describes a "residential burglary" as entering an inhabited…
Read MoreHome Alone Bandits Would Face Serious Time if Convicted of Their “Crimes”
Home Alone Bandits Would Face Serious Time if Convicted of Their “Crimes” The classic holiday film Home Alone, starring Macaulay Culkin, Joe Pesci and Daniel Stern, is a family favorite during the Christmas season. Children and parents alike delight at the antics of 8-year-old Kevin, who sets clever booby traps that successfully foil the attempts of bumbling burglars Harry and Marv - the “Wet Bandits”- in their quest to steal…
Read MoreBreaking into a Home that is Not Inhabited is Not First Degree Burglary – California Penal Code Section 460
Breaking into a Home that is Not Inhabited is Not First Degree Burglary - California Penal Code Section 460 Have you been charged with breaking into a home with the intention of burglarizing it? You may be surprised to learn that Penal Code Section 460 (PC 460) defines first degree burglary to specify an “inhabited” dwelling house or vessel. All other burglaries are of the second degree. However, Penal Code…
Read MoreAn Individual Who Is Convicted Of Burglary Can Face Serious Punishments
An Individual Who Is Convicted Of Burglary Can Face Serious Punishments In California, burglary is codified under California Penal Code 459. It states in pertinent part that a person who enters a dwelling with the intent to commit a theft or a felony, is guilty of burglary. Burglary is a “wobbler” offense, which means that a burglary may either be charged as a misdemeanor or a felony. In determining whether…
Read MoreAttempted Burglary Charges (California Penal Code 459)
Attempted Burglary Charges (California Penal Code 459) Recently, the California Supreme Court held in Magness v. Superior Court 2012 DJDAR 7503 that opening a motorized garage door without entrance into the garage cannot be a residential burglary within the meaning of Penal Code 459. Under Penal Code 459, a person who enters any house with the intent to commit larceny or any felony is guilty of a burglary. Even a…
Read More