Burglary/Robbery Defense

Often times, people assume that burglary and theft are the same crime. However, they are two very different criminal offenses.

Theft is defined as “taking property, belonging to someone else, with the intent to permanently deprive at the time of the taking. Basically, theft is taking someone else’s property with the intent of not to return it. When a theft occurs and the value of the property taking is less than $950.00 than the crime is a petty theft. Grand theft on the other hand occurs when the value of the property taken is more than $950.00 as defined by Penal Code Section 487(A).

The punishment for theft depends on the facts of the case: dollar amount of item(s), number of item(s), prior criminal convictions, and personal circumstances, such as, life circumstances, mental health, and age.

Burglary is defined as entering a building or a locked car for example, with the INTENT to commit a felony inside the building. In order for this charge to transpire, a person must have the intent to commit a felony inside the building at the time of entering. The most common type of intent is to commit theft. For example, the individual enters a shopping mall with the INTENT to unlawfully take property that belongs to the store owners. However, if a person enters the building without the intent to commit theft, then there is no burglary. Intent determines if a person is charged with burglary or theft.

The penalties for theft and burglary vary. Sentencing depends on the unique circumstances of each case.

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The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout
Placer County and San Joaquin County. Hablamos espanol.