Theft Offenses/ Burglary

The most common theft charge is Petty Theft (Penal Code §488); this can only be charged as a misdemeanor unless the client has prior petty theft convictions. Then the case may be filed as a felony. Generally speaking if the stolen property is $400.00 or less then the matter can be charged as a Petty Theft. If the value exceeds $400.00, then the District Attorney can charge an individual with Grand Theft (Penal Code §487). Grand theft can be filed as a misdemeanor or a felony under California law.

Burglary in the 2nd degree (Penal Code §459-460(b)) occurs when a person enters a commercial building with the intent to commit a felony. A common burglary occurs when a person enters a bank with the intent to cash a forged or false check. Under the law, a burglary is committed when the person enters the building. These cases can be difficult for a prosecutor to prove because of the requirement that the intent to commit a felony occur prior to entry into the building. These cases are build primarily upon circumstantial evidence. Residential Burlary is a burglary of a residence and is a “Strike” Under the Law.