Defendant is Entitled to Claim of Right Defense Jury Instruction Where He Was Charged With Aiding and Abetting Burglary

The California Court of Appeals recently ruled in People v. Williams that a defendant charged with burglary on an aiding and abetting theory is entitled to a “claim-of-right” jury instruction.

A claim-of-right jury instruction is used when someone “takes back” property or an item he or she believed to be his or hers in the first place. For example, you believe your neighbor took your lawnmower one day. You then go over to his house and take it back. Technically, no crime happened because you believed you had a claim-of-right to the lawnmower.

In Williams¸ there was substantial evidence that the defendant, in good faith, believed the property taken from the victim belonged to his co-principal. The defendant helped his friend “get back” a laptop computer and a vehicle from the friend’s ex-girlfriend. Williams believed that the items truly belonged to his friend and that they were merely going to retrieve them. However, both the men were arrested and charged with robbery and burglary (California Penal Code Section 211 and 459, respectively). There was substantial evidence that Williams’ friend had paid for the laptop and signed for the vehicle, but the jury was still instructed to consider robbery and burglary.

The California Appeals Court found error with the trial court’s instruction to the jury. The Appeals Court ruled that the jury should have been instructed to determine if Williams was acting with a good faith belief that the items actually belonged to his friend. Both California Penal Code Sections 211 and 450 require a specific intent to permanently deprive the owner of his or her property. This specific intent is negated where a defendant has a good faith belief that the items retrieved are his own. In this case, Williams believed that the items belonged to his friend and therefore did not have the specific intent to permanently deprive the owner of his or her property.

If you or a loved one has been charged with a theft crime, you should call the experienced theft attorneys at Wallin & Klarich immediately. Our attorneys have the skill and expertise to provide you with the best possible defense. The language of the statutes that govern theft crimes can be complex and confusing. For this reason, it is important to hire an experienced attorney from Wallin & Klarich. Our attorneys can be reached by phone at 1-888-749-0034.

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