Theft And Property Crimes
Penal Code § 211 PC – California “Robbery” Laws
According to Section 211 of the California Penal Code, “Robbery is the felonious taking of personal property in the custody of another, from his person or immediate presence, and against his will, achieved by means of force or terror,” which may be found in full here.
Examples
- In the Penal Code §459, burglary is defined as entering a dwelling while the occupants are present, making threats of physical violence against the occupants, and then taking part of their personal goods.
- Taking drugs to put a person to sleep and then taking their property while they are asleep.
- After being caught in the midst of stealing something (committing the crime of PC §487 grand theft or PC §484 petty theft in California), threatening the owner of the item with bodily harm in order to flee the situation and continue committing theft.
Proving a Person Guilty of Robbery
It is necessary for the prosecution to establish beyond a reasonable doubt a number of elements in order to convict a defendant of the crime of robbery. If the prosecution is unable to provide evidence of even a single element, then the defendant cannot be found guilty of the crime of robbery. The following elements are required to be proved by the prosecution:
- The defendant took the property of another.
- The property did not belong to the defendant.
- The property was taken from the immediate presence of another person.
- The property owner did not consent to have his property taken.
- The defendant used force or fear to take the property.
- The defendant had the intent to permanently deprive the property owner of his property.
Penalties
The consequences for committing robbery are outlined in PC §213. Whether you commit theft of the first degree or of the second degree will determine the specific outcomes of your actions.
First-degree robbery includes the robbery of:
- Somebody who operates or rides a public transportation vehicle such as a bus, taxi, streetcar, metro, cable car, etc.,
- Any person in an inhabited structure, or
- Any person who has just used an ATM and is still in the vicinity of the ATM.
The crime of robbery in the first degree carries a punishment of between 3 and 9 years in state prison in California.
And the sentence for second-degree robbery is 2, 3, or 5 years in state prison.
Legal defenses
Robbery accusations may be met with a range of legal defenses, which is a fortunate development. These include evidence demonstrating that:
- You did not use force or fear to take the property,
- You honestly believed that you had a right to the property,
- You are a victim of mistaken identity, or
- You were falsely accused.
Penal Code §459 – California Burglary Laws
Penal Code §459 defines the crime of burglary as entering a residential, or commercial structure, or locked vehicle with the intent to commit grand theft, petty theft, or any felony offense. You can be charged with burglary even if there is no forced entry.
- Burglary of a commercial structureand auto burglary is punishable by up to 3 years in jail.
- Burglary of a residenceis punishable by up to 6 years in jail or prison.
The crime of burglary is complete once the person enters the structure with criminal intent, even if the intended crime is never actually accomplished.
First-degree Burglary vs. Second-degree Burglary
If you were wondering what the difference is between first-degree burglary and second-degree burglary, you have come to the right place. Below, we will discuss the differences between the two types of burglary in considerable detail.
In most cases, burglary is defined as a person breaking and entering into a facility or structure with the intention of committing a crime while inside that building or structure. A residential home, a business building, a hotel room, or a storage unit all qualify as examples of structures.
What Is The Difference Between First-Degree and Second-Degree Burglary?
The kind of building that the defendant has gotten into determines whether the crime is considered first-degree or second-degree burglary. Burglary is always prosecuted as first-degree burglary if the building the offender entered was a home. Theft is classified as second-degree burglary if the criminal enters any other building.
Second-degree burglary means the prosecution has the option to prosecute it as either a misdemeanor or a felony. First-degree burglary is always tried as a felony.
First-degree burglary carries a maximum 6 year prison term. A jail term of up to 3 years may be imposed for second-degree burglary.
Who determines whether someone would be accused of felony first-degree or second-degree burglary?
Usually, the prosecution examines the defendant’s criminal history. The prosecution may file felony second-degree burglary charges if the defendant has a history of violent offenses or has been convicted of burglary.
The prosecution also takes into account the crime you committed after entering the building or the crime you meant to commit there.
The caliber of the evidence the prosecution has against you will be the third and last consideration. You could be accused of felony second-degree burglary if the prosecution has a compelling case. It might accuse you of a misdemeanor second-degree burglary if the evidence is insufficient or weak.
The expertise and experience of your burglary attorney will be the main deciding factors in whether you are found guilty. So, if you have been accused of breaking and entering, get a skilled criminal defense lawyer to represent you in court. Due to their extensive experience defending clients, our lawyers are well-equipped to get the best result for you.
Legal defenses
An adept defense lawyer can assist in identifying the typical legal arguments that are most effective in rebutting burglary accusations. These might include advocating for:
- You did not have the intentto commit a crime at the time you entered the building,
- The items you stole or intended to steal actually belonged to you, or you believed you had a legitimate claim to them; and/or,
- This is a case of mistaken identity.
PC §530.5 – “Identity Theft” – California Law & Penalties
The use of another person’s personal information “for any illegal purpose, including to get, or try to obtain, credit, products, services, real property, or medical information without that person’s agreement” is prohibited under PC §530.5. Identity theft is the term used to describe this.
The offense is a wobbler, meaning the charges can be filed as a:
- A misdemeanoror
- A felony.
A conviction is punishable by 3 years in jail or prison.
Personal identifying information includes things such as:
- Names,
- Addresses and telephone numbers,
- Account numbers, and
- Driver’s license numbers and passport information.
Examples
- Signing someone else’s name on a check.
- Using another student’s school I.D. to pay for school lunch.
- Giving a police officer someone else’s driver’s license information to avoid a ticket.
Defenses
You can challenge an accusation under this statute with a legal defense. Common defenses include showing that there were:
- No unlawful purpose,
- No willful act, and/or
- No intent to defraud.
Penalties
A violation of this code section means that a prosecutor can charge it as either a:
- Misdemeanor, or
- Felony.
A misdemeanor conviction is punishable by imprisonment in county jail for up to 1 year.
A felony conviction is punishable by custody in jail for up to 3 years.
In lieu of jail time, a judge can award either:
- Misdemeanor (or summary) probation, or
- Felony (or formal) probation.
Can I get a conviction expunged?
You can get an expungement following a conviction for ID theft.
The requirements for this are that you must successfully complete:
- Probation, or
- A jail sentence (whichever is applicable).
An expungement is favorable because you are able to avoid many of the hardships caused by having a conviction on your criminal history.
What Are Some tips to avoid having your identity stolen?
Do the following to help reduce the risk of ID theft:
- Avoid giving out personal information to people/sources that are not trustworthy,
- Destroy or shred documents and old credit cards,
- Invest in and install a mailbox key lock,
- Create smart passwords,
- Frequently check online accounts with financial institutions for unfamiliar withdrawals,
- Frequently check credit reports from the credit bureaus,
- Avoid using a public internet source to view sensitive information,
- Be on the lookout for the latest scam and any other warning signs of ID theft, and
- Change passwords after any reported data breaches.